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CITY OF NEWPORT

DOCKET OF THE COUNCIL


The following items of business, filed with the City Clerk under the Rules ofthe
Council, will come before the Council at its regular meeting to be held on
October 13, at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG

CITIZEN'S FORUM: (Speakers must sign in with the City Clerk). The Citizen's
Forum period shall be no longer than fifteen minutes and citizens may address the
Council on one subject only and for no longer than three minutes. Issues to be
discussed shall not include matters to be considered or discussed as part of the regular
council agenda and must be related to substantive city business. No comments
regarding personnel or job performance are allowed.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY


UNLESS THE COUNCIL REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED
SUBJECT TO COMPLIANCE WITH ORDINANCES #31-80 AND #98-40.)

a. Minutes ofthe Council Meetings held September 15 and 29,2010


(Approve)

b. Special Event Licenses:

1) ISES RI, d/b/a Halloween Bash 2010; Belcourt Castle, 657


Bellevue Ave., October 30,2010, from 7:30 p.m. to Midnight

2) Salve Regina University Theatre Arts; d/b/a Stanford White


Theatre, Freebody Street (annual Entertainment License is
pending):

It is the practice ofthe Council to meet at 6:20 p.m. in the second-floor Conference Room to discuss docket items. The
public is invited to attend. The docket, along with all supporting documents, can be viewed on the City of Newport
website: www.cityofnewpOlt.com- ..CurrentNewportCityNews & Announcements" - Click on "MORE NEWS."
Council Meetings can be viewed on Cox Cable, Channel 18; check local listings for dates and times. A DVD of the
Council Meeting will be available t the Newport Public Library within 438 hours of the meeting.

LIVE VIDEO CONFERENCING OF COUNCIL MEETINGS AND WORKSHOPS WILL BE AVAILABLE AT THE
NEWPORT POLICE STATION, WHICH IS ACCESSIBLE AND MEETS ADA REQUIREMENTS, BASED UPON
NOTIFICATION TO THE CITY MANAGER'S OFFICE (845-5429) A MINIMUM OF 48 HOURS IN ADVANCE
OF THE MEETING. INDIVIDUALS REQUIRING INTERPRETER OR OTHER ACCOMMODATIONS MUST
ALSO NOTIFY THE CITY MANAGER'S OFFICE 48 HOURS IN ADVANCE OF THE MEETING.
DOCKET OF THE COUNCIL
October 13, 2010
Page 2

a) "Peter and the Wolf; October 15 and 16,2010, from 8:00


a.m. to Midnight
b) Chamber Night; October 18, 2010, from 8:00 a.m. to
Midnight
c) Arts & Cultural Society Mixer; October 19,2010, from 8:00
a.m. to Midnight
d) RI Historical Society, Rhody Awards Night; October 21,
2010, from 8:00 a.m. to Midnight.
e) Murder Mystery; October 22,2010, from 8:00 a.m. to
Midnight

3) Liz Souza, d/b/a Psychic Fair; Elks Lodge, 141 Pelham St.,
October 16,2010, from 12 Noon to 5:00 p.m. and from 7:30 p.m. to
9:30 p.m.

4) Liz Souza, d/b/a Halloween Costume Party; Elks Lodge, 141


Pelham St., October 30, 2010, from 7:00 p.m. to Midnight

c. Drain Layer License, Renewal, Peckham Brothers Company, Inc., d/b/a


Peckham Brothers Company, 220 Paradise Ave., Middletown, RI

d. Holiday Selling License, New, Brainwaves Toy Shop, Inc., d/b/a


Brainwaves Toy Shop, 8 Bowen's Wharf

e. Communication from Governor Donald L. Carderi, re: Award of


Community Development Block Grant in the amount of$401,250.
(Receive)

f. RI Department of Environmental Management Notice, re: Application of


Naval Station Newport for a Water Quality Certification to replace metal
pipe culverts -Gate 2 Culvert (Bridge), Third St. Extension (Receive)

g. RI Department of Environmental Management Notice, Application of


Newport Country Club for a Water Quality Certification to perform a
marsh restoration project. (Receive)

h. Communication from RI Division of Public Utilities & Carriers, Motor


Carriers Section, re: public hearing regarding request of Newportravel,
LLC, to amend start time of its Jitney tour services (Receive)
DOCKET OF THE COUNCIL
October 13, 20 I0
Page 3

LICENSES AND PERMITS

2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/a


Genie's Hookah Lounge, 547 Thames St. (Second Hearing)
• Letters of Objection:
a) Benjamin C. Riggs, 15D Harrington St.
b) Mary and Martin Jacobson
c) Paul and Cathy McCarthy

3. Annual Victualing License Renewals - Non-liquor Establishments (listed at end


ofthe docket)

4. Annual Victualing License Renewals - Non- Liquor Establishments with


Extended Hours (listed at the end of docket)

5. Annual Victualing License Renewals - Liquor Establishments


a) 41 North, LLC, d/b/a 41 North, 351 Thames St., 14,16,20 Perry Mill Wharf
0 0

b) Ancient Order of Hibemians, d/b/a Ancient Order of Hibernians Division #1, 2


Wellington Ave.
c) Belle Mer, Inc., d/b/a Belle Mer, 2 Goat Island
d) Marina Cafe, LLC, d/b/a Marina Cafe, 3 Marina Plaza
e) Newport Time Resorts, Inc, d/b/a Oceancliff, 65 Ridge Road
f) Goat Island Grille, Inc., d/b/a The Regatta Place, 5 Goat Island

6. Annual Victualing License Renewals - Liquor Establishments (listed at the end


of docket)

7. Victualing License, New, J & A Tokyo House, LLC, d/b/a Newport Tokyo
House Sushi & Hibachi, 8-10 Equality Park Place (in conjunction with transfer
of ownership of liquor license)

8. APPOINTMENTS TO BOARDS AND COMMISSIONS

Energy & Environment Commission (1 vacancy) - Applicant: George Blake

RESOLUTIONS

9. In Support of Question #4 on the November 2,2010, Ballot --Open Space and


Recreation Bond Referendum, which includes $1.5 Million for Phase I of the
Fort Adams Master Plan - Newport City Council
DOCKET OF THE COUNCIL
October 13, 2010
Page 4

ORDINANCES

10. Amending Chapter 12.32 of the Codified Ordinances, entitled, "Park and
Recreation Areas," adding Section 12.32.051, "Ballard Park-Regulations" to
prohibit rock climbing in Ballard Park (First Reading)

COMMUNICATIONS FROM THE CITY MANAGER

11. Communication #4761/1 0, re: Energy Conservation Program - Bellevue


Avenue Decorative Streetlights (with accompanying resolution)

12. Communication #4762/10, re: Bid Award for Martin Recreation Center Gym
Floor Renovations (with accompanying resolution)

13. Communication #4763/10, re: Newport County Fund - "Common Ground"


Grant Application: Expand Healthy Communities Demonstration Grant Project
(with accompanying resolution)

14. Communication #4764/10, re: CSO Stakeholders Workgroup

15. Communication #4765/10, re: Bid Award for Thames Street Sanitary Sewer
Interceptor Rehabilitation (with accompanying resolution)

16. Communication #4766/10, re: Amendment # 2 to Contract #10-008 Engineering


Services for Thames Street and Wellington Avenue Sanitary Sewer
Improvements (with accompanying resolution)

RECESS AS COUNCIL AND CONVENE AS BOARD OF LICENSE


COMMISSIONERS
DOCKET OF THE COUNCIL
October 13, 2010
PageS
BOARD OF LICENSE COMMISSIONERS
LICENSES AND PERMITS

1. Annual Liquor License Renewals (Hearing) :


DBA Ownership DBA S# DBA Street
Class A
RumRunner IDC Rum Runner, Inc. 5 Marina Plaza Unit B

Class BT
41 Degrees North Forty I North, LLC 351 Thames 14, 16,20 Perry Mill Whf
Oceancliff Newport Time Resorts, Inc. 65 Ridge Road

Class BV
Belle Mer Belle Mer, Inc. 2Goat Island
Marina Cafe Marina Cafe, LLC 3Marina Plaza
Regatta Place, The Goat Island Grille, Inc. 5 Goat Island
Class D
Ancient Order of Ancient Order of
Hibernians Hibernians Division # I 2 Wellington Ave.
Columbus Club Columbus Club of Newport RI, Inc. 60 Halsey St.

2. Annual Liquor License Renewals (Hearing) (Listed at end of docket)

3. Application of Newport Tokyo House Sushi & Hibachi, Inc., 6-10 Equality Park
Place, to transfer its Class BL alcoholic beverage license to J & A Tokyo House,
LLC, d/b/a Newport Tokyo House Sushi & Hibachi, for the same premises.
(Hearing)

ADJOURN AS BOARD OF LICENSE COMMISSIONERS AND RECONVENE AS


COUNCIL AND, BASED UPON AN AFFIRMATIVE VOTE, ADJOURN TO
EXECUTIVE SESSION 1M THE CONFERENCE ROOM, PURSUANT TO RI
GENERAL LAWS, SECTION 42-46-1, AND IN ACCORDANCE WITH SECTION
42-46-5, PURPOSES FOR WHICH MEETINGS MAY BE CLOSED, PARAGRAPH
(a) (5), AS MANEDED, TO DISCUSS THE DISPOSITION OR ACQUISITION OF
PUBLICLY HELD LAND. SPECIFICALLY, THE COUNCIL WILL DISCUSS THE
BRAC PROCESS FOR DISPOSITION OF THE NAVY HOSPITAL LAND.

Kathleen M. Silvia
City Clerk
October 6, 2010
DOCKET OF THE COUNCIL
October 13, 2010
Page 6

Victualing Renewals 20 I0 Non-Liquor


DBA Ownership DBA S# DBA Street

7-Eleven #23880 Muhammad Tariq Rashid 29 Memorial Blvd


7-Eleven 25854-D Muhamad Tariq Rashid 135 JT Connell Hgwy.
7-Eleven 32508 B Kashif Siddiqui 95 Broadway
A Little Care A Little Cafe, LLC 27 Connell Hgwy.
A Little Care Two Go Kelle O'Connor 23 Americas Cup Ave.
A Market Newport Nutrition House Inc. 181 Bellevue Ave.
A-I Pizza Carrissalex, Inc. 306 Broadway
Aloha Care Seamen's Church Institute 18 Market SQ
Ash Mart Ash Mart Inc 2 Carroll Ave.
Bagel Boys Bagel Bam, Inc. 178 Connell Hgwy.
Bamboo Bamboo Restaurant Inc. 163 Connell Hgwy.
Belle's American Shipyard Co., LLC aka Newport Shipyard I Washington S1.
Ben & Jerry's Dockside Scoops, LLC 359 Thames St., Unit C
Ben & Jerry's Dockside Scoops, LLC 33 Bannister's Wharf
Ben's Chili Dogs Ben's Chili Dogs, LLC 158 Broadway
Bishop's 4th Street Diner Bishops 4th Street Diner, Inc. 184 Admiral Kalbfus Rd.
Bliss Natural Grocer and Cafe Bliss Natural Grocer and Cafe, Inc. 311 Broadway
Blue Rocks Catering Blue Rocks Catering, LLC 7 Carroll Ave.
Care Bellevue Sharon Goetz 111 Bellevue Ave.
Canteen @ CCRI Newport Compass Two LLC 16613 1 John H. Chafee Blvd.
China Star III Bao Jian Chen 110 William St.
Cilantro Mexican Grill CMG Newport, LLC 163 Connell Hgwy.
Coffee Grinder, The Clarke Cooke, Inc. 33 Bannister's Wharf
Colonial Restaurant Ducket's, Inc. 175 Memorial Blvd.
Cookie Jar Company Cookie Jar Co, The 29 Bowen's Wharf
Corner Cafe, The FitzSimoes LLC 110 Broadway #3A
Cumberland Farms # I I50 Cumberland Fanns, Inc. 125 Broadway
Cupcake Charlie's Cupcake Charlie's, LLC 135 Swinburne Row
Dunkin Donuts Broadway Donuts, Inc. 137 Broadway
Dunkin Donuts Aquidneck Donuts, Inc. 7 Memorial Blvd.
Dunkin Donuts Aquidneck Donuts, Inc. 194 Connell Hgwy.
Dunkin Donuts TECS Donuts Inc 199 Connell Hgwy.
EmpIre Tea & Corree Newport Bubble Tea LLC 22 Broadway
Espresso Yourself Cafe Vienna Coffee Company 337 Thames S1.
Firehouse Pizza H VR,Inc. 595 Thames S1.
Five Guys Burgers Ocean State Five, LLC 199 Connell Hwy Unit 14
Franklin Spa Franklin Spa, Inc. 229 Spring S1.
Goodie's by the Sea Goodie's by the Sea, LLC 22 Long Wharf Mall South
Handy Lunch Gary Hooks 460 Thames S1.
Hooley Boardroom Hooley Worldwide Inc. 1 Casino Ter.
Hungry Monkey, The Monkey Business, LLC 124 Broadway
Hurricane Hut David Kilroy 31 Bowen's Wharf
It's My Party Bake Shoppe Amanda Bryan 84 William Street
JD Convenience Shivam, Inc. 202 Thames S1.
Jonathan's Ocean Coffee Roasters JNRLLC 22 Washington Sq.
Juicy Cheesey Burger & Hot Dog Thames Street Burger, Inc. 404 Thames S1.
K & K Food Mart Abdul-Qudoos Khan 10 Connell Hgwy
Katrina's Bakery Katrina's, Inc. I Casino Terrace
KC'S Care Inc. KC'S Cafe Inc. 283 Broadway
Kilwin's Chocolates & Ice Cream Sailor's Sweet Tooth, Inc, The 262 Thames St.
DOCKET OF THE COUNCIL
October 13,2010
Page 7

DBA Ownership DBAS# DBA Street

Kids Asian Stir White Pearl, Inc. 82 Broadway


Ie Petit Gourmet Le Petit Gourmet, LLC 26 Bellevue Avenue
Lemon Comer II Longade, LLC 337 Thames St. Unit 16
Long Wharf Seafood Long Wharf Seafood, Inc. 17 Connel1 Hwy
Lucia Italian RestaurantJPizza Lucia North Italian Restaurant Brio, Inc. 186 Thames ST #B
Mad Hatter Bakery Audra Lalli 64 Broadway
Ma's Donuts and More Leite Donuts, Inc. 138 Connell Hwy
MeJls Lunch Mel's Lunch, Inc. 25 Broadway
New Good Friend Chinese Restaurant Che Wen Zhang 137 Connell Hgwy
Newport Chocolates Newport Chocolates Inc 82 WiIliamS1.
Newport Cookie Company Newport Cookie Company, LLC 4 Spring Wharf
Newport Creamery Newport Creamery, LLC 18 I Bellevue Ave.
Newport Fruit & Smoothie Co. Newport Fruit & Smoothie Company, LLC 19 Bowen's Wf
Newport Fudgery Fudgery, Inc., The 168 Thames S1.
Newport Fudgery Fudgery, Inc., The 359 Thames S1.
Newport Xtra Mart Drake Petroleum Co., Inc. 27 Memorial Blvd
Ocean Breeze Cafe Ocean Breeze Cafe, Inc. 580 Thames S1.
Ocean Side Catering & Cafe Ocean Side Catering, Inc. 66 Broadway
Panera Bread Howley Bread Group, Ltd. 49 Long Wharf Mall
Panini Grill Bartlebe, Inc. 186 Thames St.
Peaceable Market Peaceable Market, LLC 520 Thames S1.
Pizza Hollywood VVSl Inc. 397 Thames S1.
Pizza Hut #613008 MITA Enterprises of Rhode Island, LLC 202 Connel1 Hwy
Pop's Italian Ice Pop's Italian Ice, LLC 8 Fair S1.
Portabella Portabella Restaurant of Newport, Inc. 136 Broadway
Queenie's Cakes and Confections Queenie's Cakes and Confections LLC 198 Thames S1.
RODzio Pizza Pereira Pizza, Inc. 88 Broadway
SAPO Burritos Sapora Newport, LLC 16 Broadway
Sodexo Services Cliff Walk Cafe Sodexo Operations LLC 36 Ochre Point Avenue
Sodexo Services Global Cafe Sodexo Operations LLC 51 LawrenccAvc
Sodexo Services Miley Cafe Sodexo Operations LLC 7 Ochre Point Ave.
Spark Spark LLC 12 Broadway
Spring Seasons Inn, Inc. Tea Room Susan Farrell 86 Spring 51.
Spring Street Espresso JM Espresso Inc. 382 Spring S1.
Sprinkles Ice Cream Mackinnon Enterprises, Inc. 9 BowenS Wharf
Starbucks Coffee # 7229 Starbucks Coffee Company 212 Thames S1.
Stop & Shop Supermarket #701 Stop & Shop Supermarket Co, The 250 Bellevue Ave.
Subway RySav Inc. 129 Swinburne Row
Subway Newport Subway Newport, Inc. 188 Connell Hwy
Sumo Sushi Sumo Sushi, Inc. 198 Thames S1.
Super Stop and Shop Stop and Shop Supermarket, The 199 Connell Hwy
Sushi-Go! Tsunami Enterprises LLC 215 Goddard RW
Tea on Thames Cannella L. Gardner 221 Goddard Row
Via Via 11 3M &J, Inc. 372 Thames S1.

Change of Dill/A

Cosa Nostra (new) Chicken on Fire (old) Mohamed Badr 266 Bellevue Ave.
People's Cafe (new) Welcome in Cafe (old) Vivienne O'Dwyer 282 Thames S1.
DOCKET OF THE COUNCIL
October 13,2010
Page 8

Extended Hours 2010


DBA Ownership Hours ofOpemtioll Extended Hours
7-Eleven #23880 Muhammad Tariq Rashid 2am-8am

7-Eleven 25854-0 Muhamad Tariq Rashid 24 Hours

7-Eleven 32508 B Kashif Siddiqui

Bishop's 4th Street Diner Bishops 4th Street Diner, Inc. 5am-8am

Cumberland Farms #1150 Cumberland Farms, Inc. 24 hours

Dunkin Donuts Aquidneck Donuts, Inc. 5am-8am

Dunkin Donuts Broadway Donuts, Inc. 5am-6am

Dunkin Donuts Aquidneck Donuts, Inc.

Handy Lunch Gary Hooks 5am to Sam


Hungry Monkey, The Monkey Business, LLC 5:30 am- 6 am

Hyatt Regency Newport DHC Food & Beverage Corporation 2:00am-2am to 8am

Ma's Donuts and More Leite Donuts, Inc. 2am-6am

Newport Xtra Mart Drake Petroleum Co., Inc. 2am-8am

Super Stop and Shop Stop and Shop Supennarket, The 2am-6am

Victualing Renewals for LIQUOR Establishments 2010-2011


DBA Ownership DBAS# DBA Street

@TheDeck @ The Deck, LLC I Waite's Wharf


22 Bowen's Wine Bar and Grille 22 Bowen's Wine Bar and Grille, LLC 22 Bowen's Wharf
99 Restaurant and Pub 99 West, Inc. 199 Conneil Hgwy.
AREA Unity3, LLC
.Asterisk A&O, Inc. 599 Thames St.
Barking Crab Restaurant, The The Barking Crab Newport, LLC 151 Swinburne Row
Billy Goode's Billy Goode Company, Inc. 29 Marlborough St.
Black Pearl, The N T Corporation Bannister's Wharf
Boat Dockside, The Waite's Wharf Grille LLC 25 Waite's Wharf#A
Brick Alley Pub & Restaurant Plumb, Inc. 140 Thames St.
Buskers Pale, LLC The 178 Thames St.
Cafe Zelda Rudder, Inc. 528 Thames St.
Cafe, The Club 200, Inc. 200 Broadway
Canfield House, The GAMAS,LTD 5 Memorial Blvd.
Castle Hill Inn and Resort Castle Hill, Inc. 590 Ocean Ave.
Celtica Celtica, LLC 95 Long Wharf
Chanler at Cliff Walk, The Chanler, Inc., The 117 Memorial Blvd.
Clarke Cooke House, Cooke House, Candy Clarke Cooke House, LLC 26 Bannister's Wharf
Colonial Tavern Colonial Tavern, Inc. 18 Broadway
Diego's Diego's Newport, LLC 11 Bowen's Wharf
DOCKET OF THE COUNCIL
October 13,2010
Page 9

DBA Ownership DBAS# DBA Street


Fastnet, The Fastnet, Inc. 1 Broadway
Fifth Element, The 2paddysandacanuck LLC 107 Broadway
Fluke Wine Bar & Kitchen Partner's In Wine, Inc. 41 Bowen's Wharf
Gas Lamp Grille, The BMT,LLC 206 Thames S1.
Griswold's Tavern Griswold's, Inc. 103 Bellevue Ave.
H20 Vader, LLC 359 Thames S1.
Hillside Cafe Hillside & Cappy, Inc. 8 Memorial Blvd West
Hotel Viking LaSalle Hotel Lessee, Inc. I Bellevue Ave.
Hyatt Regency Newport DHC Food & Beverage Corporation I Goat Island
Jimmy's Saloon Memorial Boulevard Associates, Inc. 37 Memorial Blvd.
La Forge Casino Restaurant La Forge Casino Restaurant, Inc. 186 Bellevue Ave.
Landing, The Newport Waterfront Landing, Inc. 30 Bowen's WF
Mainstay Inn Mainstay Inn, LTD, The 151 Admiral Ka1bfus Rd.
Mama Leones JR Pizza Corporation ISO Connell Hgwy.
Mamma Luisa Italian Restaurant Mama Luisa, Inc. 673 Thames S1.
Mooring Seafood Kitchen & Bar, The Mooring LTD, The 2 Sayer's WF
Mudville Pub Great Pub, LLC 8 West Marlborough S1.
Newport Blues Cafe Tri Group, LLC 286 Thames S1.
Newport Graud Newport Grand, LLC 150 Admiral Kalbfus Rd.
Newport Marriott Hotel Marriott Hotel Services, Inc. 25 America's Cup Ave.
Newport Playhouse & Cabaret Restaurant Newport Playhouse & Cabaret Restaurant I02 Connell Hwy
Newport Tokyo House Sushi & Hibachi Newport Tokyo House Sushi & Hibachi, Inc. 6 Equality PK
Newport Yachting Center Historic Wharves Associates, Inc. Commercial Wharf
Nikolas Pizza Nick's Fine Foods, Inc. 38 Memorial Blvd West
Norey's NDC Enterprises, LLC 156 Broadway
O'Brien's Pub Five Tempus LTD 501 Thames S1.
One Eighty NWPT, Inc. 8 Broadway
One Pelham East & Studio 3 Brownstone, InC. 270 Thames S1.
Pasta Beach Pasta Beach LLC 7 Memorial Blvd
Perro Salado Kelkery Food and Spirits, Inc. 19 Charles ST
Pier 49 Seafood & Spirits Shamer Rhode Island LLC 49 America's Cup AV
Pier, The Pier ofNewport, LLC, The West Howard WF
Poor Richard's-Benjamins Mermaids Newport, LLC 254 Thames S1.
POP POB,LLC 162 Broadway
Pour Judgement MBKLLC 32 Broadway
Pucrini's Italian Specialties Puerini's Italian Specialties, Inc. 24 Memorial Blvd West
Red Parrot Restaurant, The Red Parrot, Inc., The 348 Thames S1.
Restaurant Bouchard Restaurant Bouchard, Inc. 505 Thames S1.
Rhino Bar & Grille and Mamba Room, The JH Enterprises, Inc. 337 Thames S1.
Rhode Islaud Quahog Company R I Quahog Co.pany Restaurants, LLC By Receiver 250 Thames S1.
Rhumbline Restaurant 62 Bridge Street, LLC 62 Bridge ST
Riptides Dockside North, LLC 25 Waite's WF #B
Salas' Tropical Restaurant, Inc. 34 I Thames S1.
Salvation Cafe Salvation Cafe, Inc. 140 Broadway
Sambar MACH,LLC 515 Thames Street
Sardella's Restaurant S S R Corporation 30 Memorial Blvd West
Scales & Shells BKA Industries, Inc. 527 Thames S1.
Smokehouse Cafe Mooring LTD, The 31 Scott's WF
StarBar Bistro Ella Terrace, Inc. 212 Thames S1.
Tallulah on Thames Tallulah, LLC 464 Thames S1.
Thai Cuisine Thames Street Thai Cuisine LLC 517 Thames S1.
Tucker's Bistro Tucker's Bistro, Inc. 150 Broadway
DOCKET OF THE COUNCIL
October 13,2010
Page 10

DBA Ownership DBAS# DBA Street

Vanderbilt Hall Vanderbilt Hall, LLC 41 Mary 51.


Wharf Pub and Restaurant, The RJJ Deli, Inc. 37 Bowen's WF
White Horse Tavern Lecade Investments, LLC 26 Marlborough 81.
YesterdaY.'s - Newport Yesterday's Newport, Inc.
M 28 Washington Sq.

Liquor Licenses by Class of Liquor


Class A
DBA Ownership Street Location

Andrew's Liquors lACE Enterprises, Inc. 493 Broadway


Bellevue Wine & Spirits Bellevue Wine & Spirits LLC 181 Bellevue Ave.
Bridge Liquors KRG Enterprises, Inc. 23 Connell Hgwy.
Bucci Combination Store Bucci Combination Store LLC Thames S1.
Downtown Liquors Shiva Corporation Cottons C1.
Fifth Ward Liquor Fifth Ward Liquor, Inc. 695 Thames S1.
Harry's Liquor Store Harry S. Karanikolas, Inc. 199 Connell Hgwy.
Island Liquors Newport Prescription Center, Inc. 291 Broadway
Newport Wine Cellar Newport Wine Cellar, LLC 24 Bellevue Ave.
Rex Liquors Hoan, Inc. 126 Broadway
Spring Street Spirits Slippery Slope Spirits, LLC 137 Spring St.
Sully's Beer Wine & Liquor B.A.K.E., Inc. 25 Bliss Rd.
Vickers' Liquors Vickers' Liquors LLC 274 Bellevue Ave.
Wellington Square Liquors Arnor, Inc. 580 Thames St.

Class BH
DBA Ownership Street Location
Cliffside Inn Target Two, Inc. 2 Seaview Ave.

Class BL
DBA Ownership Street Location
AREA Unity3, LLC
Mama Leones lR Pizza Corporation 150 Connell Hgwy.
Mamma Luisa Italian Restaurant Mama Luisa, Inc. 673 Thames St.
Newport Tokyo House Sushi & Hibachi Newport Tokyo House Sushi & Hibachi, Inc. 6 Equality PK
Nikolas Pizza Nick's Fine Foods, Inc. 38 Memorial Blvd West
Norey's NDC Enterprises, LLC 156 Broadway
Puerini's Italian Specialties Puerini's Italian Specialties, Inc. 24 Memorial Blvd West
Tallulah on Thames Tallulah, LLC 464 Thames St.
Thai Cuisine Thames Street Thai Cuisine LLC 517 Thames St.

Wharf Pub and Restaurant, The RJJ Deli, Inc. 37 Bowen's WF


DOCKET OF THE COUNCIL
October 13, 2010
Page 11

Class BT
DBA Ownership Street Location

Castle Hill Inn and Resort Castle Hill, Inc. 590 Ocean Ave.
Chanler at Cliff Walk, The Chanler, Inc., The 117 Memorial Blvd.
H20 Vader, LLC 359 Thames St.
Hotel Viking LaSalle Hotel Lessee, Inc. Bellevue Ave.
Hyatt Regency Newport DHC Food & Beverage Corporation Goat Island
Mainstay Inn Mainstay Inn, LTD, The 151 Admiral Kalbfus Rd.
Newport Marriott Hotel Marriott Hotel Services, Inc. 25 America's Cup Ave.
Pier 49 Seafood & Spirits Shamer Rhode Island LLC 49 America's Cup AV
Rhino Bar & Grille and Mamba Room, The JH Enterprises, Inc. 337 Thames St.
Vanderbilt Hall Vanderbilt Hall, LLC 41 Mary St.

Class BV
DBA Ownership Street Location

@TheDeck @ The Deck, LLC Waite's Wharf


22 Bowen's Wine Bar and Grille 22 Bowen's Wine Bar and Grille, LLC 22 Bowen's Wharf
99 Restaurant and Pub 99 West, Inc. 199 Connell Hgwy.
Asterisk A&O,Inc. 599 Thames St.
Barking Crab Restaurant, The The Barking Crab Newport, LLC 151 Swinburne Row
Billy Goode's Billy Goode Company, Inc. 29 Marlborough St.
Black Pearl, The N T Corporation Bannister's Wharf
Boat Dockside, The Waite's Wharf Grille LLC 25 Waite's Wharf#A
Brick Alley Pub & Restaurant Plumb, Inc. 140 Thames St.
Buskers Pale, LLC The 178 Thames St.
Cafe Zelda Rudder, Inc. 528 Thames St.
Cafe, The Club 200, Inc. 200 Broadway
Canfield House, The GAMAS,LTD 5 Memorial Blvd.
Celtica Celtica, LLC 95 Long Wharf
Clarke Cooke Bouse, Cooke House, Candy Clarke Cooke House, LLC 26 Bannister's Wharf
Colonial Tavern Colonial Tavern, Inc. 18 Broadway
Diego's Diego's Newport, LLC 11 Bowen's Wharf
Fastnet, The Fastnet, Inc. 1 Broadway
Fifth Element, The 2paddysandacanuck LLC 107 Broadway
Fluke Wine Bar & Kitchen Partner's In Wine, Inc. 41 Bowen's Wharf
Gas Lamp Grille, The BMT,LLC 206 Thames St.
Griswold's Tavern Griswold's, Inc. 103 Bellevue Ave.
Hillside Cafe Hillside & Cappy, Inc. 8 Memorial Blvd West
Jimmy's Saloon Memorial Boulevard Associates, Inc. 37 Memorial Blvd.
La Forge Casino Restaurant La Forge Casino Restaurant, Inc. 186 Bellevue Ave.
Landing, The Newport Waterfront Landing, Inc. 30 Bowen's WF
Mooring Seafood Kitchen & Bar, The Mooring LTD, The 2 Sayer's WF
Mudville Pub Great Pub, LLC 8 West Marlborough St.
DOCKET OF THE COUNCIL
October 13,2010
Page 12

DBA Ownership Street Location


Newport Blues Cafe Tri Group, LLC 286 Thames St.
Newport Grand Newport Grand, LLC 150 Admiral Kalbfus Rd.
Newport Playhouse & Cabaret Restaurant Newport Playhouse & Cabaret Restaurant 102 Connell Hwy
O'Brien's Pub Five Tempus LTD 501 Thames St.
One Eighty NWPT, Inc. 8 Broadway
One Pelham East & Studio 3 Brownstone, Inc. 270 Thames St.
Pasta Beach Pasta Beach LLC 7 Memorial Blvd
Perro Salado Kelkery Food and Spirits, Inc. 19 Charles ST
Pier, The Pier of Newport, LLC, The West Howard WF
Poor Richard's-Benjamins Mermaids Newport, LLC 254 Thames St.
POP POB,LLC 162 Broadway
Pour Judgement MBKLLC 32 Broadway
Red Parrot Restaurant, The Red Parrot, Inc., The 348 Thames St.
Restaurant Bouchard Restaurant Bouchard, Inc. 505 Thames St.
Rhode Island Quahog Company Rhode Island Quahog Co.Restaurants, by Receiver 250 Thames St.
Rhumbline Restaurant 62 Bridge Street, LLC 62 Bridge ST
Riptides Dockside North, LLC 25 Waite's WF #B
Salas' Tropical Restaurant, Inc. 341 Thames St.
Sambar MACH,LLC 515 Thames Street
Sardella's Restaurant S S R Corporation 30 Memorial Blvd West
Scales & Shells . BKA Industries, Inc. 527 Thames St.
Smokehouse Cafe Mooring LTD, The 31 Scott's WF
StarBar Bistro Ella Terrace, Inc. 212 Thames St.
Tucker's Bistro Tucker's Bistro, Inc. 150 Broadway
Yesterday's - Newport Yesterday's ~ Newport, Inc. 28 Washington Sq.

Class C
DBA Ownership Street Location

Salvation Cafe Salvation Cafe, Inc. 140 Broadway

Class D
DBA Ownership Street Location
Bailey's Beach Spouting Rock Beach Association 34 Ocean Ave.
Elk's Club Newport Lodge #104 Benevolent & Protective 141 Pelham S1.
Friendly Sons of Newport Social Club Friendly Sons of Newport Social Club, Inc. 3 Farewell St
Ida Lewis Yacht Club Ida Lewis Yacht Club Lime Rock - Wellington AV
Irish American Athletic Club Irish American Athletic Club 642 Thames St.
Kerry Hill Club, The Oak Street Partnership, Inc. 15 Oak S1.
New Portuguese Benefit Association Portuguese Benefit Association Vasco Da Gama 15 Fenner Ave.
New York Yacht Club Harbour Court New York Yacht Club Harbour Court ~ 5 Halidon
Newport Country Club Newport Country Club 280 Harrison Ave.
Newport Reading Room Newport Reading Room 29 Bellevue Ave.
DOCKET OF THE COUNCIL
October 13,2010
Page 13

DBA Ownership DBAS# DBA Street


Newport Sportsmans Club, The NSC, Inc. 110 Connell Hwy
Newport Yacht Club Newport Yacht Club City Wharf ~ Long Wharf
Protective Club Protective Club, The 596 Thames St.
Pyramid Club Pyramid Club 30 Dr. Marcus Wheatland Blvd
Thames Street International Yacht & Thames ST lot'l Yacht & Athletic Club 536 Thames St.

Class E
DBA Ownership Street Location

Newport Prescription Center Newport Prescription Center, Inc. 289 Broadway

Class J
DBA Ownership Street Location

Newport Yachting Center Historic Wharves Associates, Inc. Commercial Wharf

Class K
DBA Ownership Street Location

White Horse Tavern Lecade Investments, LLC 26 Marlborough 81.


MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15, 2010

The following items of business, filed with the City Clerk under the Rules ofthe Council, came
before the Council at its regular meeting held on September 15, 2010.

The MAYOR called the meeting to order at 6:30 p.m.

The CITY CLERK called the roll and the following members were present:

MARY C. CONNOLLY JUSTIN S. MC LAUGHLIN


STEPHEN R. COYNE JEANNE-MARIE NAPOLITANO, MAYOR
CHARLES Y. DUNCAN STEPHEN C. WALUK
KATHRYN E. LEONARD

I. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTDl.ETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)

a. Minutes ofthe August 11 and 25, 2010, Council Meetings (Approve)


b. Special Event Licenses:
1. Newport Art Museum, d/b/a Murder Mystery at The Museum; 76 Bellevue
Ave., Sept. 16,23,30; Oct. 7, 14,21,28; Nov. 4,11, 18,27; Dec. 2, 9, 11, 16,
17 and 30, 2010, from 7:00 p.m. to 9:00 p.m.
2. Newport Festa Italiana, d/b/a Italian Marketplace, Touro Park, October 9, 2010,
from 10 a.m. to 4:00 P.M., and the Annual Columbus Day Parade, October II,
2010, at 12 Noon, beginning at St. Joseph's Church, Broadway, and ending at
the statue of Christopher Columbus on Memorial Blvd., just east of Bellevue
Avenue.
3. The Landing Restaurant, d/b/a The Landing Seafood Festival; 30 Bowen's
Wharf, October 16-17,2010, from 11:00 a.m. to 7:00 p.m.
4. Newport Art Museum, d/b/a Music in the Galleries; 76 Bellevue Ave., October
17, November 21, December 12,2010, from 2:00 pm. To 4:00 p.m.
5. Visiting Nurse Services, d/b/a Chocolate BrunchiFundraiser; Easton's Beach
Rotunda, 175 Memorial Blvd., November 7, 2010, from 12 Noon to 3:00 p.m.
6. Hyatt Regency-Goat Island, d/b/a Taste of Newport/Fundraiser; Goat Island,
November 14,2010, from 5:00 p.m. to 11 :00 p.m.
c. Banner License, Salve Regina University; Thames Street (between Salas Restaurant
and The Red Parrot, September 23-27, 2010, promoting SRU Fall Festival Weekend.
d. Pedicab Operator License:
1. Claes Batley, 14 Pond Ave., Newport, RI
2. Leo Bronder-Giroux, 17 Freeborn St., Newport, RI
e. Communication from Christopher Fromknecht, Commander, Post 4487, VFW, re:
Industrial Pretreatment Fees
f. REMOVED: Communication from the Director of Planning, Zoning, Development
g. Claim of JoAnn C. Robitaille (Receive and refer to city solicitor)
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 2

COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Item f.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

REMOVED: Communication from the Director of Planning, Zoning, Development &


Inspections, re: follow-up information regarding Historic District Zoning Ordinance

COUNCILOR MC LAUGHLIN moved the communication be continued to the September 29th


meeting as which time it is to be considered with a communication from the Assistant City Solicitor
regarding the Historic District Ordinance. Seconded by COUNCILOR WALUK.

VOTE: In favor- MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE, DUNCAN,


MC LAUGHLIN and WALUK.

Opposed - COUNCILOR LEONARD.

LICENSES AND PERMITS

2. Second-hand License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (New location;
Hearing)

COUNCILOR WALUK moved the hearing be closed and the license granted. Seconded by
COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

3. Holiday Selling License, Shana Gaines, d/b/a Vintage to Vogue, 523 Thames St. (New
location)

COUNCILOR WALUK moved the license be granted. Seconded by COUNCILOR CONNOLLY


and VOTED UNANIMOUSLY.

4. APPOINTMENTS TO BOARDS AND COMMISSIONS

Newport Housing Authority (l Vacancy) - Applicants: Amanda Frye-Leinhos, Charles


Wright

MAYOR NAPOLITANO moved Amanda Frye-Leinhos be appointed to the Housing Authority.


Seconded by COUNCILOR WALUK and VOTED UNANIMOUSLY.

RESOLUTIONS

5. In support of "Complete Streets" Concept - Newport City Council

MAYOR NAPOLTANO read the resolution and moved for its adoption. Seconded by COUNCILOR
WALUK.

KATHLEEN CONNELL, Director, AARP, said the Complete Street Concept is the initiative of the
AARP. She said they are requesting all communities to consider the principles of "Complete Streets"
as it will make communities safer for all.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 3

The motion was VOTED UNANIMOUSLY.

6. Proclaiming September 2010 as "Ovarian Cancer Awareness Month" - Newport City Council

COUNCILOR MC LAUGHLIN introduced the resolution, noting that increased knowledge and
awareness leads to early detection and a higher survival rate, and moved for its adoption. Seconded
by COUNCILOR WALUK and VOTED UNANIMOUSLY.

7. Requesting the State Traffic Commission to review the feasibility of installing a left-tum
signal for southbound traffic on 1. T. Connell Highway at Van Zandt Avenue - S. Waluk, C.
Duncan

COUNCILOR WALUK introduced the resolution and moved for its adoption. Seconded by
COUNCILOR Duncan.

COUNCILOR WALUK moved the resolution be amended to add that copies be sent to the City's
Legislative Delegation, and to add in the "Resolved" that other alterations to the light, in addition to
the left-tum signal for southbound traffic, be reviewed. COUNCILOR WALUK commented that a
delayed green light for northbound traffic should also be considered. Seconded by COUNCILOR
DUNCAN and VOTED UNANIMOUSLY.

The Resolution, as amended, was VOTED UNANIMOUSLY.

ORDINANCES

8. Amending Ordinance No. 2010-19, re: Appropriation Revenues of the City of Newport for
the Fiscal Year July 1,2010, through June 30, 2011-Easton's Beach Fund (Second Reading)

COUNCILOR WALUK moved the ordinance be adopted on second reading. Seconded by


COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

9. Amending Chapter 10.32.100 (K) of the Codified Ordinances, entitled, "Designated


Residential Parking Districts; Cliff Avenue Area," to allow daily, 24-hour resident parking in
the Cliff Avenue Area. - K. Leonard (First Reading)

COUNCILOR LEONARD moved the ordinance be adopted on first reading. Seconded by


COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

10. Communication #4744/10, re: School Department Lease-Purchase of Energy Equipment


(continued from August 25,2010)

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.

Discussion followed between COUNCILOR LEONARD and PAUL FAGAN, NSD Director of
Property Services, and Michael SAUNDERS, NSD Business Manager, wherein MR. FAGAN said
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 4

Rogers High School uses approximately 90,000 gallons of oil a year and the average cost over three
years is $250,000. He said one of the three boilers was decommissioned and the two remaining are
used one at a time, not simultaneously. MR. SAUNDERS said the School Department has received
confirmation that the cost of the new boiler will be reimbursed under Housing Aid at 30% over the
next six years. He said the School Dept. will also be eligible for about $50,000 in rebates from
National Grid.

COUNCILOR COYNE said that although he is not against replacing the boilers, he will not support
making the decision at this time rather than after the bond referendum in November for a new
elementary school. COUNCILOR MC LAUGHLIN said he was satisfied that the purchase of the
new boiler would not preclude moving forward on regionalization of the schools. MAYOR
NAPOLITANO supported moving forward as she believed the boilers were operating on borrowed
time.

VOTE: In favor - MAYOR NAPOLITANO; COUNCILORS CONNOLLY, DUNCAN,


LEONARD, MC LAUGHLIN and WALUK.

Opposed - COUNCILOR COYNE.

11. Communication #4751/10, re: Conservation Easements - King Park and Spencer Park--
Aquidneck Island Land Trust

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.

COUNCILOR LEONARD said future generations deserve to have these green spaces and the
creation of a Land Bank would be a good idea.

The motion was VOTED UNANIMOUSLY.

12. Communication #4752/10, re: Bid Award for Trench & Sidewalk Restoration

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

6:52 P.M. COUNCILOR WALUK moved the Council recess and convene as the Board of License
Commissioners. Seconded by COUNCILOR CONNOLLY and VOTED
UNANIMOUSLY.

6:53 P.M. COUNCILOR WALUK moved the Council reconvene and adjourn to executive session
in the Conference Room, pursuant to Rhode Island General Laws, Section 42-46-1, as
amended, and in accordance with Section 42-46-5(a)(2)-Pending Litigation Purposes for
Which Meetings May be Closed, "(a) (2) Sessions pertaining to .. .litigation" to discuss
pending litigation: Simcha Berman, et al v. City of Newport, et al. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 15,2010
Page 5

6:52P.M.

BOARD OF LICENSE COMMISSIONERS

COMMUNICATION FROM THE CITY MANAGER:

Communication #4753/2010, re: Show Cause Hearing - Thames St. International Yacht &
Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-Club
Member/Guest.

COMMISSIONER WALUK moved the hearing be continued to September 29, 2010, at the request of
Attorney Turner C. Scott on behalf of the Thames St. International Yacht & Athletic Club. Seconded
by COMMISSIONER DUNCAN and VOTED UNANIMOUSLY.

6:53 P.M. COMMISSIONER WALUK moved the meeting of the Board of License Commissioners
adjourn and the Council reconvene. Seconded by COMMISSIONER COYNE and
VOTED UNANIMOUSLY.

Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010

The following items of business, filed with the City Clerk under the Rules of the Council, came
before the Council at its regular meeting held on September 29, 2010.

The MAYOR called the meeting to order at 6:30 p.m.

The CITY CLERK called the roll and the following members were present:

MARY CONNOLLY JUSTIN S. MC LAUGHLIN


STEPHEN R. COYNE JEANNE-MARIE NAPOLTIANO, MAYOR
CHARLES y. DUNCAN STEPHEN C. WALUK
KATHRYNE.LEONARD

CITIZEN'S FORUM: YVONNE VIRGADAMO, 10 Chapel Terrace, commented on the condition


of local sidewalks, particularly on Cottage Street and Maple Avenue where she has twice tripped and
fallen and broken bones in her face and wrists. She said the sidewalk on Maple Avenue has raised
utility covers which are difficult to get around and impossible to see when it's dark.

1. CONSENT CALENDAR. (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
a. Special Event Licenses:
1. Sail Newport, d/b/a Sail for Hope/Regatta Social & Fundraiser; Newport
Shipyard, I Washington St., October 2, 2010, from 4:00 p.m. to 9:00 p.m.
2. The Leukemia & Lymphoma Society, d/b/a Light the Night Walk; October 2,
2010, (registration 5:00 p.m.) from 7:30 p.m. to 9:30p.m., beginning and
ending at Salve Regina University (route attached)
3. Robin Gray, DivaStyle Hair Salon, d/b/a Hair/Fashion Show; Pyramid Club,
32-34 Dr. Marcus Wheatland Blvd., October 10,2010, from 4:00 p.m. to 9:00
p.m.
4. REMOVED: Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Fest.
5. REMOVED: Eident Sports Marketing, d/b/a Arnica 5K; October 16,2010
6. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle,
657 Bellevue Ave., October 20 and 21,2010, from 7:30 p.m. to 9:30 p.m.;
October 22,2010, from 7:30 p.m. to Midnight; October 23,2010, from 4:00
pm. to 6:00 p.m. and from 8:00 p.m. to 10:00 p.m.; and October 24, 2010, from
2:00 p.m. to 4:00 p.m. and from 6:00 p.m. to 8:00 p.m.
7. REMOVED: Turning Around Ministries, Inc., d/b/a Island Arts & Crafts
8. Newport Art Museum, d/b/a Winter Lecture Series; Newport Art Museum, 76
Bellevue Ave.; January 8, 15,22,29,2010, and February 5,12,19 and 26,
2011.
9. Newport Festa Italiana - request to amend Special Event License
b. Catering License, Diego's Newport, LLC, d/b/a Diego's, II Bowen's Wharf.
c. REMOVED: Daily Entertainment License, Class A, Ancient Order of Hibernians, 2
Wellington Ave., November 12,2010, from 6:00 p.m. to Midnight.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29,2010
Page 2

d. Drain Layer License, Renewal, Brennan & Sons, Inc., d/b/a Brennan Construction
Company, 89 Pools Lane, Tiverton, RI
e. Communication from Elizabeth Leddy, 7 Boughton Rd., asking permission to close
Boughton Road on October 9 (rain date Oct. 10),2010, from 12 Noon to 8:00 p.m. for
the annual neighborhood block party. (Approve subject to details being worked out
with the city administration.)
f. REMOVED: CRMC Amended Public Notice, File No. 2009-10-040, Application
g. Claim of Jasna Sudar Sombke (Receive and refer to City Solicitor)

COUNCILOR WALUK moved the Consent Calendar be adopted, with the exception of Items a-4, a-
S, a-7, a-9, c and f. Seconded by COUNCILOR COYNE and VOTED UNANIMOUSLY.

a-4. Bowen's Wharf Co., Inc., d/b/a Bowen's Wharf Seafood Festival; Bowen's Whf.,
October 16/17, 2010, from 11:00 a.m. to 5:00 p.m.

COUNCILOR COYNE recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR MC


LAUGHLIN and VOTED UNANIMOUSLY.

a-5. Eident Sports Marketing, d/b/a Arnica 5K; October 16,2010, from 7:00 a.m. to
9:00 a.m., beginning and ending at Brenton Point State Park (route attached)

COUNCILOR LEONARD said she had concerns about another 5K race being held on Ocean Drive,
particularly the day before the marathon, which would be using the same route.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR CONNOLLY.

CITY MANAGER EDWARD LAVALLEE said he had recommended against the granting of the
license because the event is the day before the already-approved Arnica Marathon, which uses the
same route. He said there are many walkers, runners and bicyclists along the route in the early
morning hours and he didn't think it fair to burden the residents along the route two days in a row.

COUNCILOR LEONARD asked if the organization was a not-for-profit.

BRICE ROWE said Arnica raises money for non-profits, such as the Ronald MacDonald House, and
last year was able to donate $35,000. He said a decision had been made to raise money from the 5K
for the family of the nine-year-old who was killed in a car accident a week ago. He said that many
people coming in with the marathon participants want to run a shorter race which is why the 5K was
proposed and, after expenses are paid, the proceeds will go to charity. He noted that the start time was
moved back from 8:30 a.m. to 7:30 a.m. at the request of RIDEM so that it will be over by 8:30 a.m.
He said one lane of traffic would remain open at all times.

COUNCILOR WALUK asked how many people come in to town for the marathon. MR. ROWE
responded that the NBCVBB advised that last year it resulted in the use of 1,500 hotel rooms.
COUNCILOR WALUK said, given that one travel lane will remain open at all times and the early
hour of the race, he would consider approving the license.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 3

COUNCILOR LEONARD asked if the applicant was willing to pay for police details to ensure the
lane oftravel remains open. MR. ROWE said they were will to pay the costs. COUNCILOR
CONNELLY asked if the license approval could be contingent upon the development of an adequate
police detail plan. CITY MANAGER LAVALLEE responded that it could. COUNCILOR COYNE
. noted that 3,500 runners signed up last year for the marathon but because of bad weather conditions
fewer participated. MR. ROWE said they expect 4,000 for the marathon this year, and 300 for the
5K. COUNCILOR COYNE responded that because of the early hour ofthe 5K and only 300
participants anticipated to participate, he did not think it would have a negative impact.
COUNCILOR CONNOLLY said she too would support the license.

COUNCILOR WALUK moved the license be approved contingent upon an appropriate traffic safety
detail plan being developed by the Police Department. Seconded by COUNCILOR CONNOLLY and
VOTED UNANIMOUSLY.

a-7. Turning Around Ministries, Inc., d/b/a Island Arts & Crafts Festival; BPO Elks #104,
141 Pelham St., November 13,2010, from 10:00 a.m. to 2:00 p.m.

COUNCILOR DUNCAN recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR CONNOLLY


and VOTED UNANIMOUSLY.

a-9 Newport Festa Italiana - request to amend Special Event License granted Sept. 15,
2010, to include Opera Providence, October 10,2010, Belcourt Castle, from 6:30 p.m.
to 9:30 p.m. (Approve)

COUNCILOR WALUK cited the request of the Newport Festa Italiana Committee to amend their
request to have the concert at the Edward King House, and moved for its approval. Seconded by
COUNCILOR COYNE and VOTED UNANIMOUSLY.

c. Daily Entertainment License, Class A, Ancient Order of Hibemians, 2 Wellington


Ave., November 12, 2010, from 6:00 p.m. to Midnight.

COUNCILOR DUNCAN recused himself.

COUNCILOR WALUK moved the license be approved. Seconded by COUNCILOR COYNE and
VOTED UNANIMOUSLY.

f. CRMC Amended Public Notice, File No. 2009-10-040, Application of the City of
Newport for an Assent to construct and maintain repairs and improvements to the
north and west embankment of South Easton Pond.
• Communication from the Planning Board, re: CRMC Application Easton Pond
Dam, advising that the application is consistent with the City's Comprehensive
Land Use Plan (Receive)

COUNCILOR WALUK noted that Fuss & O'Neill states in the letter attached to the application that
there will be signs noting closure of the path and asked if this was just during construction. CITY
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 4

MANAGER LAVALLEE responded it was, and once the work is completed the pathway would be
open all the way around the reservoir. UTILITIES DIRECTOR JULIA FORGE noted that there
would, however, be signs advising people to pass at their own risk.

COUNCILOR WALUK moved the notice and communication be received. Seconded by


COUNCILOR COYNE and VOTED UNANIMOUSLY.

LICENSES AND PERMITS

2. Annual Entertainment License, Class A (indoors), Farahnaz Shobeiri, d/b/a Genie's Hookah
Lounge, 547 Thames St. (First Hearing)
• Communication from Benjamin C. Riggs, 15D Harrington St., requesting denial of
the entertainment license.
ADDED: Communication from Mary and Martin Jacobson, l5B Harrington St., objecting to
the granting of the license.

COUNCILOR LEONARD asked ifthere would be any live music. FARAHNAZ SHOBEIRI,
applicant, responded there would not, and belly dancers would only be on special occasions, such as
if one were having a birthday party. COUNCILOR WALUK asked ifthe intent was to just have
recorded music and no live bands; the APPLICANT confirmed she was just asking for recorded
background music.

DANIEL PRENTISS, ESQ., said he represented the Wellington Condominium Association, and after
meeting with them, he may object to the granting of the license at the second hearing.

COUNCILOR WALUK moved the hearing be closed. Seconded by COUNCILOR CONNOLLY and
VOTED UNANIMOUSLY.

COUNCILOR WALUK moved the license be granted with the stipulation there be no live music.
Seconded by CUNCILOR CONNOLLY.

VOTE: In favor - MAYOR NAPOLITANO; COUNCILORS CONNOLLY, COYNE, DUNCAN,


MC LAUGHLIN and WALUK.

Opposed - COUNCILOR LEONARD.

3. Victualing License, New, Cupcake Charlie's, LLC, d/b/a Cupcake Charlie'S, 135 Swinburne
Row.

COUNCILOR WALUK moved the license be granted. Seconded by COUNCILOR CONNOLLY


and VOTED UNANIMOUSLY.

COMMUNICATIONS AND PETITIONS

4. Communication from Rich Wolfe, The Narragansett Bay Coyote Study (NBCS) asking to
address the Council on "Coyote Best Management Practices."
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
PageS

RICH WOLFE commented on the Study and said the safe practices have been endorsed by the
Jamestown, Middletown and Portsmouth Town Councils.

DRNUMI MITCHELL, lead scientist for the study, commented on the reason for the study that
began in 2005 because of increasing numbers of coyotes on Aquidneck Island. She said killing
coyotes only stimulates vigorous growth; and, while it is illegal in Rhode Island to feed coyotes,
people are doing so, which results in behavior changes in coyotes that cause most ofthe problems on
the Island.

COUNCILOR WALUK moved the report be received. Seconded by CUONCILOR CONNOLLY


and VOTED UNANIMOUSLY.

5. Communication from Naomi Neville, Aquidneck Island Reuse Planning Authority, asking to
address the Council on the activities of AIRPA and introduce the AIPRA's Property Reuse
Coordinator.

NAOMI NEVILLE, noting that she and William Corcoran are the City's representatives on the
AIRPA, introduced Julie Oakley, the new coordinator for the group.

JULIE OAKLEY provided hand-outs to the Council.

COUNCILOR WALUK moved the document be received. Seconded by COUNCILOR


CONNOLLY and VOTED UNANIMOUSLY.

MS. OAKLEY said the study would consider the Navy five properties under consideration and would
encompass Aquidneck Island as a whole and not individual muniCipalities. She said the deadline by
which people must express an interest in the properties is November 22,2010, and 270 days after that
a reuse plan for the five properties must be submitted. She said a meeting would be held at 1 p.m. on
October 5th at CCRI with the consultant and, while it is open to the public, it is geared to municipal
officials. In response to COUNCILOR LEONARD, she said the BRAC process does come under the
McKinney Act; however, there have been some changes and no one entity will receive preferential
treatment. COUNCILOR LEONARD pointed out that Newport has 18% low-income housing, the
highest per capita in the State, and said she would like the land used for enhancing the City's
economy and tax base. MS. OAKLEY responded that anything considered for homelessness would
be only for that needed on Aquidneck Island as a whole, and not the State of Rhode Island..
COUNCILOR LEONARD asked if each community on Aquidneck Island could be considered
individually with regard to low-income needs. MS. OAKLEY said she was working on that issue
with Rhode Island Housing.

6. APPOINTMENTS TO BOARDS AND COMMISSIONS

MAYOR NAPLITANO moved Mary Jo Valdes be reappointed to the Historic District Commission.
Seconded by COUNCILOR MC LAUGHLIN and VOTED UNANIMOUSLY.

RESOLUTIONS

7. Railroad Station on America's Cup Avenue - C. Duncan, 1. Napolitano


MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 6

COUNCILOR DUNCAN read the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK and VOTED UNANIMOUSLY.

8. Supporting Increased Freight Rail Capacity and Preserving Balanced Regulation - K. Leonard

COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK.

In response to COUNCILOR MC LAUGHLIN, COUNCILOR LEONARD said a copy of the


resolution would be given to the G021 group, who would deliver it to Washington, DC.

The motion was VOTED UNANIMOUSLY.

9. Requesting Refund for Unsatisfactory Roadway Repair Work on Bellevue Avenue - S.


Waluk, K. Leonard

COUNCILOR WALUK introduced the resolution, noting that the joints in many areas of the
Bellevue Avenue roadway are not good after the City has invested over $1 million to repair them. He
asked that the city administration see ifthe City could get a refund on the work, and asked why the
manner in which the work was done, which now needs to be fixed, was selected. He then moved for
adoption of the resolution. Seconded by COUNCILOR CONNOLLY.

COUNCILOR LEONARD said it was an issue of accountability and the taxpayers want to know why
it happened and where the liability lies.

COUNCILOR MC LAUGHLIN moved that the city administration provide a report to the Council
that includes:
1 ) whether or not the monies will be refunded;
2 ) why the repairs, which proved to be unsatisfactory, were done in this manner;
3 ) what caused the material to breakdown; and
4) a prognosis on the condition of Bellevue Avenue and plans for future repairs.

Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.


The motion, as amended, was VOTED UNANIMOUSLY.
10. Sewer Repairs on Lower Thames Street - K. Leonard

COUNCILOR LEONARD introduced the resolution and moved for its adoption. Seconded by
COUNCILOR WALUK.

COUNCILOR MC LAUGHLIN said he could not support the resolution because it was creating a
boundary. He said the recommended contract award would probably be before the Council at its next
meeting and there could be ramifications in requiring that the work be completed by April 15. He
said he supported many provisions of the resolution that would lessen the impact ofthe work on the
businesses, but establishing a firm completion date could result in a significantly higher cost.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 7

COUNCILOR WALUK moved the word "only" be deleted from the second "resolved" wherein the
work timeframe is established. Seconded by COUNCILOR COYNE.

COUNCILOR CONNOLLY said she believed establishing a set work frame would be putting the
horse before the cart, noting that the construction could be greatly affected by weather conditions.
MAYOR NAPLITANO agreed with the comments of Councilors McLaughlin and Connolly, and said
an increased cost for the work because of the timeframe constraint would not be fair to the residents
of other parts of the city.

COUNCILOR DUNCAN moved the resolution be continued until after a contract has been awarded.
Seconded by MAYOR NAPLITANO.

COUNCILORS LEONARD and WALUK cited the need to adopt the resolution so that a mechanism
is in the contract that provides for open communication among the businesses, contract and city
administration.

MAYOR NAPLITANO withdrew her second and COUNCILOR DUNCAN his motion to continue
the resolution.

COUNCILOR WALUK moved that the fifth "Whereas," which provides a time frame in which the
project must be completed, be deleted. Seconded by COUNCILOR DUNCAN.

COUNCILOR COYNE expressed concern about removing the paragraph because of importance of
having the work done in the time frame provided so as to lessen the impact on the businesses.
COUNCILOR MC LAUGHLIN said it would be appropriate at the time the contract is awarded to
make clear that the schedule should be tight and every effort made to conform to the desired time
frame.

The motion to adopt the resolution with the amendment deleting the fifth "whereas" was VOTED
UNANIMOUSLY.

ORDINANCES

11. Amending Chapter 10.32.100 (K) of the Codified Ordinances, entitled, "Designated
Residential Parking Districts; Cliff Avenue Area," to allow daily, 24-hour resident parking in
the Cliff Avenue Area.

COUNCILOR WLAUK moved the ordinance be adopted on second reading. Seconded by


COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

COMMUNICATIONS FROM THE CITY MANAGER

12. Memorandum from the City Manager, re: Historic District Ordinance
a. Memorandum from the Director of Planning, Zoning, Development & Inspections,
re: Follow-up to Planning Board Recommendations - Historic District Ordinance
b. Memorandum from the Assistant City Solicitor, re: Follow-up to Planning Board
Recommendations -- Historic District Ordinance
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 8

COUNCILOR WALUK moved the communications be received. Seconded by COUNCILOR


CONNOLLY and VOTED UNANIMOUSLY.

13. Memorandum from the City Manager, re: Signage

COUNCILOR WALUK moved the communication be received. Seconded by COUNCILOR


CONNOLLY and VOTED UNANIMOUSLY.

14. Communication #4754110, re: RI Office of Energy Resources Grant - Algae to Biofuel
Demonstration Project

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY.

COUNCILOR LEONARD asked ifthere would be future costs to the taxpayers as a result of
accepting the grant. CITY MANAGER LAVALLEE responded there would not as no match from
the City is required.

COUNCILOR MC LAUGHLIN questioned the provision on page 2, section D, of the grant that state
the community agrees to meet its energy saving goals. CITY MANAGER LAVALLEE responded
that he did not believe there was anything by which to measure it.

COUNCILOR CONNOLLY commended those involved in getting the grant as it is an excellent


project and could result in reducing the City's carbon footprint.

MAYOR NAPOLITANO also commented Grant Writer Bruce Bartlett and the employees that
worked with him in securing the grant. She noted that the project would also help a local bio-diesel
company, while also involving the Met School.

The motion was VOTED UNANIMOUSLY.

15. Communication #4755/10, re: Bid Award for Hillside Ave. Sidewalk Connector

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

16. Communication #4756/10, re: 2009 Assistance to Firefighters Grant-800 MHz Radio
Equipment

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

17. Communication #475711 0, re: Grant Contract Amendment - Department of Behavioral


Healthcare, Developmental Disabilities and Hospital

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR COYNE.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 9

COUNCILOR MC LAUGHLIN noted that the new coordinator for the Substance Abuse Task Force,
Brenna Bennett, would be providing the Task Force's annual report at a future council meeting.

The motion was VOTED UNANIMOUSLY.

18. Communication #4758/10, re: Bid Award for Engineering Services-Gardiner to Paradise
Raw Water Main Rehabilitation

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR COYNE.

COUNCILOR LEONARD said she had an issue with the provision in the fourth paragraph stating
that it is anticipated a contract amendment will be recommended in the future for phase two ofthe
project. CTY MANAGER LAVALLEE responded that the anticipated amendment would be in the
range of $150,000 to $200,000 for the design work and oversight, otherwise a competing firm could
be asked to work from this firm's plans. He said the actual construction project, which will cost
between $1 and $1-1/2 million will go out to bid.

After further discussion, the motion was VOTED UNANIMOUSLY.

19. Communication #4759110, re: Lease Agreement for Cell Phone Antennae at the Goulart
Lane, Portsmouth, Water StorageTank

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

20. Communication #4760110, re: Ocean Avenue Seawall Construction Inspection


Services

COUNCILOR WALUK moved the communication be received and the accompanying resolution
adopted. Seconded by COUNCILOR CONNOLLY and VOTED UNANIMOUSLY.

7:45 P.M. ADJOURNED AS COUNCIL AND CONVENED AS BOARD OF LICENSE


COMMISSIONERS

BOARD OF LICENSE COMMISSIONERS

1. CONSENT CALENDAR (THE CONSENT CALENDAR IS APPROVED IN ITS ENTIRETY UNLESS THE COUNCIL
REMOVES AN ITEM FOR DISCUSSION. ALL LICENSES ARE GRANTED SUBJECT TO COMPLIANCE WITH ORDINANCES #31-
80 AND #98-40.)
Class F-1 Daily Liquor License:

a. Sail Newport, d/b/a Sail for Hope/Social & Fundraiser; Newport Shipyard, 1
Washington St., October 2, 2010, from 4:00 p.m. to 9:00 -p.m.
b. Island Moving Company, d/b/a Dracula at Belcourt Castle; Belcourt Castle, 657
Bellevue Ave., October 20-22, 2010, at 7:30 p.m.; October 23,2010, at 4:00 pm. and
8:00 p.m.; and October 24, 2010, at 2:00 p.m. and 6:00 p.m.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 10

COMMISSIONER WALUK moved the application of Sail Newport be approved. Seconded by


COMMISSIONER COYNE and VOTED UNANIMOUSLY.

COMMISSIONER WALUK moved the application of Island Moving Company be withdrawn at the
request of the applicant. Seconded by COMMISSIONERS COYNE and VOTED UNANIMOUSLY.

COMMUNICATION FROM THE CITY MANAGER

2. BLC Communication #4753/10, re: Show Cause Hearing - Thames St. International Yacht &
Athletic Club; Sale of Alcoholic Beverage to an Underage Person and Non-Club
Member/Guest. (Continued from September 15,2010)

CITY SOLICITOR JOSEPH J. NICHOLSON, JR, reported that he had been advised that the licensee
will admit to the charges; however, Police Officers Kevin Parsonage and Thaddeus Wadsworth were
present to respond to questions. TURNER C. SCOTT, ESQ, representing Thames St. International
Yacht & Athletic Club, said the violations were an anomaly for the Club. He said that employees are
now required to have alcohol server training before working the bar, although the State allows 60
days for them to be certified. He said the day the violation occurred was during the New York Yacht
Club's Sail Week and the offending youth filtered in with others. He said the bartender on duty that
evening has since returned to school, but he will be certified as a trainer before coming back to work.

COMMISSIONER COYNE noted that the last time this club had a violation was in 1992.
ATTORNEY SCOTT said there were different officers of the club back then and Mr. Kennedy,
commodore and manager of the Club had come in after that violation occurred.

COMMISSIONER WALUK said that given the length ohime since there was an infraction he would
consider this a first offense. He then noted that a bar that had its first infraction two years ago was
fine $250 plus police costs and moved that the same sanction be imposed here. Seconded by
COMMISSIONER COYNE.

COMMISSIONER MC LAUGHLIN commented on the seriousness of serving an under-age person


and moved to amend the motion to impose a $1,000 fine. Seconded by COMMISSIONER
CONNOLLY.

COMMISSIONER WALUK said that the Board understands the seriousness of serving an under-age
person, but the responsibility lies with the under-age person as well as the establishment, which has
since addressed the problem. He said that if the maximum fine is imposed for what he considered
first violations, it could not go higher iffuture violations occurred. COUNCILOR DUNCAN agreed
with Council Waluk's comments and said the real problem is with under-age persons breaking the
law. COUNCILOR COYNE said that in the past there has been room for fines to increase when
additional violations occur. He said IYAC is a good business that lives by the rules and, while a
serious mistake was made in this instance, it was the first in 18 years.

COMMISSIONER NAPOLITANO asked if the person was a member of the club. ATTORNEY
SCOTT responded that he was a guest but did not sign the guest book as he slipped in.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29, 2010
Page 11

COMMISSIONER MC LAUGHLIN commented that the responsibility is with the establishment and
there is a process for following the rules; however, they did not use the process because they did not
have the young man sign in as a guest nor sign the minor book.

COMMISSIONER CONNOLLY asked if $1,000 was the maximum fine the Board could impose.
CITY SOLICITOR NICHOLSON responded that a $1,000 would be considered $500 for each
offense.

ATTORNEY SCOTT said he believe this was the only yacht club that uses a guest book, that the Ida
Lewis and New York Yacht Clubs do not.

COMMISSIONER LEONARD asked if the young man had received a fine in court. CITY
SOLICITOR NICHOLSON said he had received a $500 fine. COMMISSIONER LEONARD said
she believed the establishment should then also pay a $500 fine. CHAIRWOMAN NAPOLITANO
agreed.

VOTE ON THE MOTION FOR A $1,000 fine.

In favor - COMMISSIONERS MC LAUGHLIN and CONNOLLY.

Opposed - CHAIRWOMAN NAPOLITANO; COMMISSIONERS COYNE, DUNCAN, LEONARD


and WALUK.

The motion failed.

VOTE ON THE MOTION FOR A $250 fine:

In favor - COMMISSIONERS COYNE, DUNCAN and WALUK.

Opposed - CHAIRWOMAN NAPOLITANO; COMMISSIONERS CONNOLLY, LEONARD and


WALUK.

The motion failed.

COMMMISSIONER LEONARD moved a $500 fine be imposed. Seconded by CHAIRWOMAN


NAPOLITANO.

In favor - CHAIRWOMAN NAPOLITANO and COMMISSIONER LEONARD.

COMMISSIONER DUNCAN noted that the $250 fine plus police costs would probably amount to
$500.

COMMISSIONER WALUK moved to reconsider the motion that a $250 fine be imposed, plus police
costs. Seconded by COMMISSIONER DUNCAN.

ATTORNEY SCOTT said that in addition to the $250 fine/police costs, the licensee would also make
a contribution to the City's Recreation Department in the amount of $250.
MINUTES OF THE COUNCIL MEETING
HELD SEPTEMBER 29,2010
Page 12

COMMISSIONER WALUK amended his motion to state that a $250 fine be imposed, plus the
overtime cost of the two police officers present, and a $250 contribution be made to the City's
Recreation Department. Seconded by COMMISSIONER COYNE.

In favor - CHAIRWOMAN NAPOLITANO; COMMISSIONERS COYNE, DUNCAN and


WALUK.

Opposed - COMMISSIONERS CONNOLLY, LEONARD and MC LAUGHLIN.

The motion passed.

8:09 P.M. ADJOURNED

Kathleen M. Silvia
City Clerk
'DDCJLET UrTle:- IU 1\"3 j70 10

City of Newport, Rhode Island


APPLICATION FOR A SPECIAL EVENT LICENS

DATE: _-=/<...:O'-LIt
.....O,q¥
....t1....,I'-"O=:......- _

EVENT TITLE/TYPE:

LOCATION OF EVENT:

Date(s) of Event:

Hours of Event:

Holder of Event & DBA:

Signature of Holder of Event: L,r::.?1.l!:2.~~~=::::::::=:::::::::::::::~-------------.J

Printed Name: :r-fr{LItAf Title: if}e'5~~ .,---


Address of Holder of Event:
.,r;:
I A
li.<2IfIUIllt1/i J'z;
LJ
/ld)(.2.1 r;OOVld4"'/.lt!.'e ~J.'oS
I
Business Telephone: [ji/. 'If :). 5 (77 Residence Telephone: I'-- ~--_
Is Organization Non-Profit? I po Is Organization Religious? 0/ 0
Is there a charge for admission? I VB".s I I
Is event to be on City, State, or Private Property? ~B-'A.>.J'lJ!V"',..LT
........
t{ _

Name of Property Owner of Event Site: 1 _

Signature of Property Owner: 1 _

Printed Name of Property owner:1 ;III IR. L IJ'


Will Event be Indoors or Outdoors? ~==========================
(Include Plan)
EVENT HOLDER 1-~ e 5 ,- Y
APPLICAnON FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? I uk


-~-::-------------------
If so, location of toilet facilities:
(Include on plan)
AJ!I/-
Will a tent be erected? COpy OF TENT PERMIT MUST BE ATTACHED.
(Include on plan)

Expected Attendance: Seating Capacity: I jVjIA-" I


Is parking available: For how many vehicles? IOel (U</.vr }SH CJ r:,€.-IF fe/fit::.;, e-
To ,,,aleC- ,,-.-
CONCERT Ot-JI'7JOL--J Is staging or platform required? I NO I Amplification? I --l

List types of musical instruments:

DANCE I ye-J DEEJAY I ve...~ I Amplification: I ie:!


SPORTING EVENT I Ala IType:

Set-up Dates (Sporting events only): ~-======================~


1 ----1

PLAY I Alo If yes, what type:

. CARNIVAL I IV() CIRCUS


I No I Will there be animals? I A/o I
If yes, types of animals: I IIl/A
SHOW OR EXHIBITION: L:Ll2CLJ ---=T~y-pe-:~I~===============~
OTHER (describe) I / tJ ,/)
.-"e.""d""'r.k.~1J4~''"'''L'_,.I_--<-<£:A-N='e'''-'t:-"'''------'-',..,A-~~=T=l{=-=Ft=-=()=I\J=JO=:I<.=I4t=J~Ii=-((':::.===~
Are required approvals attached, e.g., State, Recreation Dept.? 1 -1

Is a street closing being requested? I


============~-~
Will food be prepared on the premises? I No . tA11dtAPL va l~el"A-Y'"<:-
If so, is Health Dept. Inspection Approval attached? I I
EVENT HOLOER.~~Y::--c':S,,=e=-·::::'5-.,--
.,--'--::fl=C==-:-:-::c::::-::::::
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served?

If yes, will you be applying for a Class F or F-l Liquor License?

If not, will another's license be used?

If so, whose? IC~t-"?\... _ \~e 4ff¢fcP


Will there be gambling, e.g., bingo, raffle, etc.? I Po I Do you have State Police Approval? 1 _

List Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS ;v:/;:r
Do you or the pyrotectni: have Newport Fire Marshal approval?

Location from where fireworks will be shot:

Time fireworks will begin: IL... _ Duration: 1 _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) On Sidewalk(s)

Has notification been made to residents along the route? _


Have temporary signs been posted? (Signs must be removed by the following day.)

SPECIFIC ROUTE:
l/r/l~-

,"City OfNJ,,'{fJtiJ:;;;o ,
APPUCAHON FOR A SP)!;CIAL EVENT UCENSEOCT_ 4 2010
,P F"rIn F'-'

DATE: DC;/-, Ld , a-oJ D


I

EVEI'~Ty'TITLE/TYPE: "/'+e-+CY -r-\"\r\e- WOlf


LOCATION OF EVENT: GtOVTfovcl \i\I\llit COSI/10 -11'lt'af(v Ne;VJflfT. ~~

Date(s) ofEvent: IOC;L \5 + \\.0 )dOIU I I Y; f'Y,fV\'-- Id A'Vy,~11~n~Hours:

Holder of Event & DBA: ISc\\\lcl/flj\()O, UnlvevSt-0PW\Q.CLtC.Y Avn


.Signatme ofHolder of Event:I~CS0.fJ~~\:)S>._ J
Printed Name:'/SU1L&Yw\ClX\ \-c I !Av-ll's\lL'1\reC\1Y
Title: I
Address ofHolder of Event: 1[01) DcJttV~ -;mln+-Avz-· Ntvvpuv-r j f2/ O~() I
Organizer's Sign~atLrr=e:~""~~~~~~~~~~~::,_ _r=========:j
Printed Name: . 5U171 Title: !Afh&nLlJrrZcfw I
Address ofEvent Organizer: 1\00 Odrw-t"1>0, n+-- )0J. fL .NLW'()U{-f [ '[I "O/gLfu ,
Business Telephone: l:i]O\ -?i-l \- a::>$b I Residence Telephone: FJl'LJ:01- 3:-1 \-~
Is Organization Non-Profit? :J6 Is Organization :Religious? .All. Is there an Admission Charge:$
Is event to b.e on City, State, ~r Private Property? fiY I \ lo±L en5'(?2.A4:{ I
Name ofPropel1y Owner of Event Site: ISnJlnnJL'l)eJ \~ j
Signature of Property Owner:
___ ' _ k ' _ _' _ _"
~ .'-'

C )"'1tA./I\ """.-7
tJC../i\ \= !
Printed Name of Properiy Owner: '.'j,- F' " \ IV'"
i .'-...
_ _----_ - •.•..•_.. _-_ .. --.,.__._
I\..._
•..... _._ _...,
Will Ev,',,' he JndoGn or OutdoGrs'?
(In ,+1"(:1 , phn 'f oudoors)
/'1
\ ;::·;F~·-:-··--'-··'''--'-·-'''·--'
--_.. .I.f.'·: -_ _ _.. '.' .
._ '
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? /-I\jIPr-


,
If so, location of toilet facilities: Ir'-----'-=Nl--'-"-'-!a~'------'--~--'----~-
(Include on plan)

Will a tent be erected?


(Include on plan)
miA! COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance:· IdoD 1 Seating Capacity: ILt.<de:....i1.L1..2- _

Is parking available: /-I..:;tJ'.i.L-.-{A,-----1 For how manyvehicles? IN! A


CONCERT 1:k:.S I Is staging or platform required? I {\j () I Amplification? [i\j\¢) ./
List types of musical instruments:

DANCE I .f\/DI DEEJAY I NO I Amplification: 1 _

SPORTING EVENT I NO] Type: 1 _

Set-up Dates (Sporting events only): IL'---- -:---"- _

PLAY [J\jt) I If yes, what type: 1 ------

CARNIVAL I NO I CIRCUS INa Will there be animals? IL... _

If yes, types of animals: 1'---------------------------


SHOW OR EXHIBITION: I NO I Type: 1_· _

---_-:....._----------------------
OTHER (describe) IL. ~ _

Are required approvals attached, e.g., State, RecreationDept.? I NIDi


.... Is a s.treet closing being requested?

'Vill food be prepared on the premises?

If so, is"Health Dept. Inspection Approval attached?


EVENT HOLDER .-:-:::-::-::=----::-:::-::C-=-C-::-===-C:-::--=-=C::-=:
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served? I NO I


If yes, will you be applying for a Class F or F-I Liquor License? I tJ74 I i

If not, will another's license be used? I AU4- j


I
If so, whose? 1_.:-tJ..:..·-'1_4_-.0...- -,-_ _

Will there be gambling, e.g., bingo, raffle, etc.? . ' /\10 , Do you have State Police Approval? CK:lfJJ
List Names of Vendors Item to be Furnished

For Retail Sales - Have yOll completed Ii "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contad No.: 222-2957)

FIREWORKS

Do you or the pyroteclmic have Newport Fire Marshal approval? I


Location from where fireworks will be shot: . IN IA I

Time fireworks will begin: C1IL...+-'iA-"._.__....J Duration: I N /A I

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On Roadway(s) TEI1fJ On Sidewalk(s) w&JI

Has notification been made to residents along the route? ~


Have temporary signs been posted? - - (Signs must be removed by the following day.)

SPECIFIC ROUTE: :-11r/....:,.lJ(L.- _

-------,--_._----- - - - - - - ---~-- -- ------ .. __ ..._- _. .._-_.. _--_ ..-


Date(s) ofEvent: IOt-t, \<6 I om 0 -I I c:;; j'Y\V\- 1'0f;J1 Hours:

Holder of Event & DBA: ISC\\\Je.-1?aj\{)O\ UniveVSttP \hsz.odUV krn

Organizer's Signa:=tur=e:~-~~~~~~~~~~~::,_ _r========~


Printed Name: . SiJ.U Title: !hrh&ncnr12C:tThr' I
Address ofEvent Organizer: IIGJ OChV-l-:m1 rrY NfL !\tWQ?v-r I el O}V-tu I
Business Telephone: [ji]OI-3Y \- a?6D I Residence Telephone: fit L}Oj- 3:-!\-5@
Is Organization NOl1-Profit?~ Is Orgimization Religious? blL Is there an Admission Charge: /Jl...O
Is event to be on City, State, or Private Property? m
f I \/a-Ic Pns~
Name of Property Owner ofEvent Site: IBJ7EXiY\R.-'1;e\\~ ]
Signature of Property Owner: I~\J\,,,,-~~ --.-:::::=--=-1

Printed Name of Property Owner: ~tU\n!)~~ Ie.:.... . ._. __ . __.._. __.1


Will Event b" indocrs 'J[ Outdoors?
(bitch-ide r·t;i:,~ if otddoor-i)
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? r~BJA-


If so, location of toilet facilities: I~ris\lff~'
~ ~~~~-
(Include on plan)

Will a tent be erected? Lh\Jf-'-l-l\_, COPY OF TENT PERIHIT MUST BE ATTACHED.


(Include on plan)

Expected Attendance:' Iso I Seating Capacity: '--L.1-'- -' '...JdCfC-'·

Is parking available: I /ilIA I For how many vehicles? I NIA


CONCERT I W I Is staging or platform required? '--__-I, Amplification? I
List types of musical instruments:

J_ _ ~--,-- _ _ ~ _ _

DANCE I, •Nbl DEEJAY I NO I Amplification: IL _


SPORTING EVENT I •ALO) Type: 1 '-- _

Set-up Dates (Sporting events only):

PLAY I Me I If yes, what type: 1 - - - - - -

CARNIVAL I fJ 0 I CIRCUS I/\/D I Will there be animals?

If yes, types of animals: 1 --'- _

SHOW OR EXHIBITION: L'Ji:iJ Type: IL.'-------c----------


OTHER (describe) 1_' ~ _'_ _

Are required approvals attached, e.g., State, Recr,eation Dept.?

Is a street closing being requested?

Will [ou(l!;Je prepared 011 the premises?,

If so, is"Health Dept Inspection Approval attached?


> \

EVENTHOLDER _ _-,- _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

WiJ1 LIQUOR be served? I /vo I


If yes, will you be applying for a Class F or F -1 Liquor License? LNJA I
Ifnot, will another's license be used? [tJ7i A I
Jf so, whose? I N I--'-A--'- -,-_ _

Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval? CNj:.JJ
List Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic haye Newport Fire M_a_rS_h_a_1 ~ap~p~r_ov_aJ_?~_'=1 ~f\J~.~l~A~==.~I _


Location from where fireworks will be shot: IN IA
Time fireworks will begin: W_ie<k-"-__-'
NOTE: Iffireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THaN, ETC. On Roadway(s) 17511&J On Sidewalk(s) ~


Has notification been made to residents along the route? ..--
Have temporary signs been posted? --- (Signs must be removed by the following day.)

SPECIFIC ROUTE: NflY ..


- - _..._--

--_._-----_ ..-._-_ ... __._-_._------ - -- ... _----------_ .. - _.. - _. -_._---. . ._.- ... -.- ..__ .. _._----
O(jc(~ I' \
~rJr-:z:7 In •. '. Pr-r-~Cps-'l
City ofNewpblt,1b~de lsland
_ OCT 4 2010 :
APPLICATION FOR A SPECIAL EVENT LICENSE - 'I
DATE: 0(,+, Ld t dOJ Q i , , · j I
.. ",-,y>~~

. EVEl'ii'YTITLEJTYPE: . "'/A:f\S,--\' GV \-nWCA\ ~\J0\ -t-hj_N_\_~f)/_:~. _


LOCATION OF EVENT: /Stahfovd ,NY-Hit CasIno lhect1t( NevJr~t\iEJ
Date(s) ofEvent: DGi-, \G\
L-:~':""':"-7--l-+--l.L~~.£----'
Hours: I Y; MfIJ\- IC1kg
Holder of Event & DBA: SCI \\1.( .
'--~"--'---'--"-TI--------'--t---'-'--"----'---'--'-'-'-~--'

,Signature of Holder of Event: I~~~~ - J


'!SViWY\v\c-lX\ \rG
Printed Name: I Title: IAv-h&1 c'1:\ rectW I
AddressofHolderofEvent: /lOO OLArtVt "1{)lm-Mt..., NeWpuvt j QI Oorc!01

Printed Name: , SUI


'-=-"-'--",,",-,-~::=C-"---"''-'-'--=-- _ _- - ' - ' - - _ - - - '

Address ofEventOrganizer: IloJ OdtV~-:mVt+- N cL I\tWQ?{-r- r el O)-~O I


Business Telephone: tjijO\ -3LJJ - a?6D I Residence Telephone: FIlLJoj- 3::1\-5@
Is Organization Non-Profit? ~IS Organization Religious? 1E.- Is there an Admission Charge: ~
Is event to be on City, State, or Private Property? ttY I \/illL ens~. I ,
'Name of Property Owner of Event Site: I-,,~:::o' 11",,'."-n!.'-\R-,,=,l;e--,,,,-~\I.....::L=.--'-
"-.<'1.l..</ ----',
Signature of Property Owner:
~

-.~_ ... --_.-.. -..


============l
_._._... ~,~ . ., .. _------ -._';"--_._- ..- " " -

Will Event be Indoors or Outdoors?


(Include plan if outdoors)
r,r,_ _
\ (,~k,),i.. "l.·',?_C'\_i.•.- S_- - -..-...... .. -- .--..-_ - ..-...- '
EVENT HOLDER
APPLICATI O-::-]\j=-'F=-O=-R::-:'-A-CS=P=-E=-=C=r,-C'\-=-L-=E=V=E='N=T::--Lc-r=-=C-C'E=-N=SE
(Page 2)

If Outdoors, will toilet facilities be provided? btdHj--


If so, location of toilet facilities: Ir'-,t'--'-1)iY'-'---',~~~~--'---"---
(Include on plan)

L&Uf.'.'.-l-A-I COpy OF TENT PERt'\1IT MUST BE ATTACHED.


Will a tent be erected?
(Include on plan)

Expected Attendance:' 150 I Seating Capacity: .....,01_1--'-- _ 1-,.9.".'

Is parking available: I NIA I For how many vehicles? [ NIA


CONCERT I JJJ I Is staging or platform required?
----'
I Amplification? I
List types of musical instruments:

1_ _- - ' - - ----'----

DANCE I,UDI DEEJAY [KrV I Amplification: 1 _

SPORTING EVENT [NO I I


Type:

Set-up Dates (Sporting events only): 1'~-'==================


-'- --,--,,---'-- _
PLAY !J\1,-=-O_ If yes, what type:,

CARNIVAL [JJQ] CIRCUS Will there be animals? ,_ _--'

I~---'===='-----~~--
If yes, types of animals:

SHOW OR EXHIBITION-:-:-;:I~=;::::S;=;-I
-=T~yp-e-:-;::I_'~~~~~~~~~~~~~~~~~~~~~==_~~~~
OTHER (describe) 1_' ~ _

Are required approvals attached, e,g" State, Recreation Dept.? I NV!i


Is a street closing being requested?
LW2-
Will food be prepared on the premises'? L£Kl_, ,__~
If ,0, is"Health Dept. InspectionAppmval attached'? [N'¥tJ
EVENT HOLDER -=-==-=::--c-::=:=-:-=-====-=--=-===:
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page3)

Will LIQUOR be served? I~ I


If yes, will you be applying for a Class F or F-l Liquor License? I fJ\ID
If not, will another's license be used?
··CiUfJ
If so, whose? IN (A=--..L- ,---__

Will there be gambling, e.g., bingo, raffle, etc.?·I NO I Do you have State Police Approval? ~
List Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic hilve Newport Fire Mars~h~a_la~p~p_r_o_va_I_?_..:_~O\l~.~,t'_lA~~==.~I~ _

Location from where fireworks will be shot: .


LN/A
I

Time fireworks will begin: [11'-1-£)&:-"-__-' Duration: I N //1


_,f=J-----
-+--"--+}

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE. WALK-A-THON, ETC. On Roadway(s) TEI1lfJ On Sidewalk(s) Lf[/Ja


Has notification been made to residents along the route? ~
Have temporary signs been posted? ---- (Signs must be removed by the following day.)

SPECIFIC ROUTE: ~
---"_._~._-_." -_..-_"_" _._.
..
" V09~~
City of NeWPOJ, 0 . 2l~ ~lj
I';: ,
APPLICATION FOR A SPECIAL EVENT LICENSE()' ,,~ t
(( 'F17) L(2S
DATE: Oct , fd I aD] 0 I
.J I',
,
OCT:.- 4 2010

EVEl'iry'YIYLE/rYPE: ·tl2\lli~Y\ cal $'od tty LIe. . , .


'~. ':.

LOCATION OF EVENT: /StO\ftfolrc\ \N\ill1-t COS\()() -ll,t'cttGV


Date(s) ofEvent: LIi2t, dL(' 250 l 0 . I I 1; I'YN\- 10-AM Hours:
f

Holder of Event & DBA: ISC\1\fCl?aj\<iC\ UnivevStt}"l\flJLCL---tGv Aft::> I


. Signature of Holder of Event: I~G>..).JJ~~~- J
printedName:'ISUWY\V\('~\\~ I /Av-hstlc·1\w.tw 1
Title:

Address of Holder of Event: /[00 DC)lVfL -=ro\n-t-M~' NtWpuv-r j QI O~0 ,


Organizer's Signature: .~

.
Printed Name: , 51 \.
VI
.~\ I 0
\f\,(~. , \f\-.-. Title: lJ\(h&nGlJ(e~ I
Address ofEvent Organizer: 11m GchV.e..l>ol n+- h ~ NLwQUV-+ [Cl O}~o I
Business Telephone:
,
t, j L\OI-?:d \-.a?6b I Residence Telephone: !1I'40j- 3:1'\-d@ .

Is Organization Non-Profit? i6 Is Orgimization Religious? W Is there an Admission Charge:*S


Is event to be on City, State, ~r Private Property? fiY
(>row4:{ I \/a±L I .
Name of Property Owner of Event Site: [8rLBX)D.9~l;e\ Ie J
Signature of Property Owner: [C"~ n~
'. ~e----...~, ]
.
'-~'-
.
C0.!\J\,'--..'L. ~~~ - - - - _. .
r- -----.--.---------..-,
.~

Printed Name ofProperty O\'lIier:.· ES~)}.:c\n()e..~lX1IC _ .. _. ....~ .. . .J


"._-. ,---- '-.r - - -
j \ ,----,-\ r""'-~/ t........
! \, ',' ,., ~,; ,-./
EVENT HOLDER _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? ~Jf-FJ--


If so, location of toilet facilities:
~p-~'.~~~--'---'--
(Include on plan)

Will a tent be erected?


(Include on plan)
lNiA I COPY OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance: ' 12VD I Seating Capacity: 1c-2~CI,-1-,- _


Is parking available: I tJ{A For how many vehicles? I NIA
CONCERT I k1\1 I
~c:..
Is staging or platform required? ___-'I Amplification? 1 -"
List types of musical instruments:

DANCE I ,NO I DEEJAY fJl) I Amplification: , _

SPORTING EVENT ,I "'/D I Type: IL~~---------- __


Set-up Dates (Sporting events only): I......:.... ...,...,_~ _

PLAY I hJi) I If yes, what type: IL _


CARNIVAL LN0 I CIRCUS Will there be animals? J
-----'

If yes, types of animals: 1 _

SHOW OR EXHIBITION: I 'ie..,S I Type: 1_' ,--_~ _

OTHER (describe) [9\\/1 (\9 ()LW~Oo\i \ tAv\Xw-zts


Are required approvals attached, e.g., State, Recreation Dept. ? I-;Nrt-+\pr--r;-.--~--------

Is a street dosing being requested?


LiJ~L_'---~_~----.:.--
Will food b'.' prepared on the premises? [N 0 _. :-_~_.;c ~~
Ifso, is"Hea!th Dept Inspection Approval ",ttached? ~\YFl
U 5):~~ .. J
EVENT HOLDER.--::-=:=:-:--==-=-c-::-===-::-:-=::::-:::::
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served? ISks; I


If yes, will you be applying for a Class F or F-1 Liquor License? I f\)() I
Ifnot, will another's license be used? I "ie S I
If so, whose? I ~O - Sa \\/<:-12f~9) M. U(H Vefl.xtf
Will there be gambling, e.g., bingo, raffle, etc.? L Q() I Do you have State Police Approval? CNjAJ
List Names of Vendors Item to be Furnished

For Retail Sales - Have you completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division of Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic hi!ve Newport Fire Marshal approval? LJlJlA-


I
I
Location from where fIreworks will be shot: . [ NIA I

Time fIreworks will begin: W'-!.L)A-.i._.__ Duration: I N /A I


NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)·nJ On Sidewalk(s) [fJ/la


Has notification been made to residents along the route? ~
Have temporary signs been posted? ----- (Signs must be removed by the following day.)

SPECIFIC ROUTE: -'!lrk ... _


- - - - - - _•.. _... _----_. _ ..•....•. _ -
()6 , /::J;t
f I ('5 (I ()
0
City of Ne\'1port, RbodeIsland ,..,. ' "
i~r' .'
APPLICATION FOR A SPECIAL EVENT LI{,]iENSE 91::-1{>z..i25'
"'{ j , II?,;"] D' , ~" OCT 4 2010 . !
DATE: VI",,<L , ~ I (LV, - I i

EvENITITiLFJiypE . wnuvdBV Mpj , 0 0 J I


LOCATION OF EVENT: IbTOlrrfuvc\ \N\fllit COSlno ll'1tutcv New~~ I
.Date(s) ofEvent: I aut ,2l;r I'QQ\ 0 . I I C£ J'YM:- ioIsyJy Hours:

Holder of Event & DBA: ISc\\\Ie..Jt8\{)C\ Univevsvtp-wlj,<J:±U! krh

Organizer's Sign:atur~e:~--~~~~~~~~~~~::,_ _r=======d


.. Printed Name: " SUI Title: IAY'h&hcl::1r<2(;J-(y' I
Address of Event Organizer: 11m Ochv~'lbi n+- h ~ .NLW'Q\i-f[el D%LtO I
Business Telephone: tijdol-?:iJ 1- a;x;D , /1I>40j- 3=h-'5jiJ
Residence Telephone:

Is Organization NOll-Profit? ies,. Is Organization Religious? ~ Is there an Admission Charge: ~

Is event to be on City, State, ~r Private Property? ttY \Ia±c ero\'(Dl4::{


I I
Name ofPropeliy Owner of Event Site: L7J.L]'~\'-!Ii.Ln&~l?e-"~J-l\\fC~
1..>.8)"",· J
Signature of Property Owner: [~~ ~~ l._,.
~--,_,c._=,G~9:.)1='~\\,\..'L.
__ ~
'-1

Printed Name of Property Owner: 1§2~7~~~~~~,~~)le:- ._,. ''!


r"-\~-,U\A 011;/ (
_ - . ,.. , , -.., - - - ' - - , - - " - ' " .. " . - - , , · - , - 1

'\/i1l Event be Indoors or Outdoors'? I


i I
,)[1 , ) ,I
(lndmle phm if oMtdoors)-- _ .. -----. _... --'.----- .., . - " " ' ..."" - >---- ... -- ..
EVENT HOLDER
APPLICATI O-N:-:F-=-O:-:.R::-~:-:A-S:-CP:-:E:-:C=L-"'::-L:-:E=V=E-=-'N::-T::-L:-:I:-:C='E-=-~,=T
SE
(Page 2)

If Outdoors, will toilet facilities be provided? /::j<j)-fj---


If so, location of toilet facilities: J-'--'-±H--'----'-'-\.k-'-"---'-"---'-"--~~-
(Include on plan)

Will a tent be erected?


(Include on plan)
O'JjA I COpy OF TENT PERMIT MUST BE ATTACHED.

Expected Attendance:· lanD Seating Capacity: 1-'2""'-0.<-.,1--'- --'

Is parking available: I MIA For how many vehicles? I ,O\J !A


CONCERT CBJO Is staging or platform req~ired?
'-----
I Amplification?
I
List types of musical instruments:

DANCE I 2Vo I DEEJAY. qIJO I Amplification: I ~

SPORTING EVENT , pO , Type: I


Set-up Dates (Sporting events only): ,--'- ~~=================
...,--,_'-- _

PLAY 010 I If yes, what type:. 1 -'--------

CARNIVAL [1JQJ CIRCUS


eNol
If yes, types of animals: , - - - - - - - - - - - - - - - - - - - - - - - - - - -
Will there be animals? 1<-._ _-'

SHOW OR EXHIBITION: (:irS I Type: 1_· ---,- _

OTHER (describe) j-.- - - . - - . : - - - - - - - - - - - - - - - - - - - - - - - -

Are required approvals attached, e.g., State, Recreation Dept.? I NIDi



Is a street closing being requested?

Will fdod beprepd'·cd on thi" premises?

If so, is"HcaI'J- .le"t..i OSjj';ction Approval attached?


EVENT HOLDER -=-=~c--,.=:--:-------,,-=-===-=--=-==-=-:
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served? I •fJD


If yes, will you be applying for a Class F or F-1 Liquor License? rn\A I
If not, will another's license be used? . [}Ilk I
1fso, whose? I N \:.. A. .L. . ---,-_ _

Will there be gambling, e.g., bingo, raffle, etc.?·I N() I Do you have State Police Approval? []{f[A:
List Names of Vendors Item to be Furnished

For Retail Sales - Have yOll completed a "Promoter's Application For Permit to Operate a Show or
Event" with RI Division ot'Taxation? (Contact No.: 222-2957)

FIREWORKS

Do you or the pyrotechnic haye Newport Fire Marshal approval? []]iA. j


I
Location from where fireworks will be shot: I NfA
Time fireworks will begin: Li'JL...+LiA.;I..._._ _

NOTE: If fireworks are to begin or end after 10:00 p.m., a sound variance must be obtained.
If fireworks are for longer than 15 minutes, arrangements must be made for police
detail officers at sponsor's expense.

ROAD RACE, WALK-A-THON, ETC. On ROadWay(S)·flSl1&J On Sidewalk(s) [fJjla


Has notification been made to residents along the route? .....--
Have temporary signs been posted? ..-- (Signs must be removed by the following day.)

SPECIFIC ROUTE: ~+r.:..ctr>1.-------------


---.-----_.._._----.-_._--_.._-----_.
- - - ' .__ . __ ._-_.__
. __ ....•...• _. __._ •..- ._.•. _... _. __ ._---_._---_... _.. _. -- .... _.- ..••....
-~.
/f

City of Newport, Rhode Island . pOCT - 6 2010


APPLICATION FOR A SPECIAJL EV ENT LICENS.t 1. J~ f) 'L pj T
( I I

DATE \ 0 \§j...:..1D:::::..-- _
EVRNT TlTLlJ/fYPE [ 'Ps'-i chIe Fo.;~ -"-_··_····_~····---"l

~ ~lr<s_.-:\~\ J)~;S; N~TRJ:.--.]


LOCATIONOFEVENT
-.O&){P
.-.-.,- - -..--.-Z,D-\ -..-.---.------_ -..-_._ J
Date(s) oC Event; [ _ _ _.._._ L _ \J
__,._ .. . .. ._ .._.__
. .

Hours of Event [1i~~.- SB-:·/-.!J 'H;'Q~CL ?;O·;-~~=.=]


Holder of Event & DBA [" HZ- SD'-J-~_~-"'----' . _ ... l
Signature of Holdc;!' of Event: I ~\3 'S~'~i . -----~_. __.. J
Printed Name [1;1\1.~'?1l-} SD(YuA I Title: C. 1
AddressofHolderofEvent: ~ W~:3>r-.M~\V\- 9-<L.LP 6\.~ \<.I.. OL~'1U
Business Telephone: l_._~=_·. ~._ ._J Residence Telephone: [gQ}:Sl9:-'!.9\ ~J
Is Organization Non-Profit? [QQ_J Is Organization Religious? [\(\10 .. J
Is there a charge for admission? LiSs::L_ J [ -.. . ----. "-'--J
Is event to be on City, State, or Private Property? '1::{ ~'-JO""\:~ ..._ _. --

N,m, ofProperty Ow,,, ,fEve", Sf" i_E_\~~_~-=-==_-=--=-J


Sfg"wre,fYmpertyOw",c l~~;:~~~~??J
el{~~ £~~'!!?.~~~p~]
. _._._..
Printed Name of Propert)' owner:I!'!!

wg~~~~~t:I:~~doorsor O"tdoors? [_ID-~-~S__. .-.-..~-= ~


EVENT HOLDER l\ z- S D \.l 'zA
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? [..-/' ~J


If so, location of toilet facilities:
(Include on plan)
'-.---------~-----
. _---,~----
. _._--.- - j
Will a tent be erected?
(Include on plan)
r----:=:--']
Expected Attendance: [ ..,...-~ =_J Seating Capacity [~--~-_._~]

Is parking available:
['7::--1 For how many vehicles? I-;~--'-]
CON<;l;P-T ~ J Is staging or platform required? [-':-;?J Amplification? ---L=-J
List types of musical instmments:
[-_~---~~--/~//~-----.~-_-_-_
_
- --.------.--,----_._ .__J
DANCE [_.•:.~./] DEEJAY ~
---J .,~-

-~---~---
Amplification~ _J
SPORTING EVENT [2/ ] Type: ~ ]
Set-up Dates (Sporting events only):

]"LAX [:z=J If yes, what type: [Z..: ~. __ _._------------]


,{:ARNIVAL I~J CIRCU~ I / I Will there be animals~-J

If yes, types of animals: C=Z--.-.-"-.---.--..'-- ...__'._~ J


SHOW OR EXmmnOti:~ Type: c-=~ __. -=_-=-~=_-_=:J
OTH]LR (describe) "P?yd/\,\v F;.O ur B>v- \-\0. \\D U..l f'elfiL worK'S I::>p..s C>Yj
~..a.A.\..\L~.a>...~S-\w(·"",c ... \ ---l.l=Q"p<->\""(,.c..;:s>--.
", .... --'

Are required approvals attached, e.g., State, Recreation Dept.? W 'i..A -=~====--=- . .__.. _-1
Is a stre"i: closing being requested? []~JS-----~==-==--~:=:J
Will food be prepared on the premises? l_j/))!) .J
If so, is Health Dept. Inspection Approval attached? 1/ J
EVENT HOLDER lJ 2- S D\.) GA
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 3)

Will LIQUOR be served? Ly\p =mJ


If yes, will you be applying for a Class F or F<·l Liquor License? P _I
~ _J
If not, will another's license be used?

If so, whose? [_~ . ~~=~'.=--'~~=. <=~~~~~~===~=~=~


Will there be gambling, e.g, bingo, raffle, etc.? L~~ 1'----1 Do you have State Police Approval? k:ZJ
.]
List Names of Vendors Item to be Furnished

Fill- Retail Sales .. Have yOiJ completed a "Pa-omoteR"s Application Fm' .Permit to Operate a Show or
Event" with RI JlJiivision of Taxation? (Contact No.: 222-2957)

FIREWORKS Y\)0
Do you or the pyrotechnic have Newport Fire Marshal approval? ~_. =-J
Location from where fireworks will be shot:
1 . - [_ _/===::::-.--. J
Time fireworks will begin: [ ::> ;...-;:::-=:] Duration: I/'--.... =:J
NOTE: Ufkeworks al'e to begin 01' end! after 10:00 p.m., la sound variallce must be obtained.
Iffireworks ar.e for longer than 15 minutes, arrallgements must be made for polke
detail office.'s at sJ[Hlllsor's ex pellse.

ROAJIJi RA_CE, Wi\LK-A-THON, ETC. On Roadlway(s) I .....-I-----on Sidewalk(s)


_~~ ........ _c
[ ]

Has notification been malle to residents along the J.oute?·~_·~_


Have temporary signs been posted? ~~ (Sj.gi1s·must be removed by the following day.)
/ ... ~."
Dcx..tEI Of1-lE la)l3) 10 'I" :\ ...• '

· 0 f'N ewport, Rh 0 de IsIancI


CIty 'f:l/F}).2-
. ' .' OcT' 6' (?
2011 -,
APPUCATilON FORA §l'ECIAL EVENT UCEN§J!];. ; : -'
I
I

DATE -d s;l 2.0\ D i


!,

EVENT TITLE/TYPE:
-LlQ\\bvJren-.~s-\0~'1tU\-k,'1
_ I I
I.
[ I

LOCATION OF EVENT []\eJ:/\ KS _l~~' Ve\!:'d~_.~1-_~_~~,p';:_rv- ]


I-:.··-------... --------·--~-·--·-·-----·--------·--·-----l

Date(s) of Event:
L~~d ~D_\_-~\D ]~ L~~ ----.J
Hours of Event: [ :J-P-=---.m~~ht ,.--.]
Holder of Event & DBA: IT-\ L-_S 6~ 7A . ~_J
Signature of Holder of Event: L9'\\~~" ·--1
Printed Name: rf:A'\z,A~eth Sb.,-! m J Title: C J
Address of Holder of Event: ~_~es\- N\ Cl~V\Y2.-d.. _. ~ [.')\ls·m() 0.-\1r\. '(2I I
Business Telephone: I. .~ Residence Telephone: [9lil~ \q- '1C{ \ \? I
Is Organization Non-Profit? l_ V\.S2__J Is Organization Religious? 1_ Y\-()_~
Is there a chargefor admission? I ~6, \rQJ [=p'('\-.j~m------' ]
Is event to be on City, State, or Private Property? - .-------

N,meofPmp"'Y l
O~,,"fEy~'Si", ~..LKS~ _~~ '__l
SignatureofPropelty Owner: [-- ~~_~~~_C?~~-;I~~JJ
Printed Name ofPropelty owner:[ - ,... I/. .~ '-~]
M,-qjffl~L- V ()&JE IYI! ~~M~.f£!!~

W~;~~~~:t~:I~~doors or Outdoors? [ \Y)c:\Do~ ._ _-_._.__


. .______ .J
EVENT HOLDER Lvz.- S OuZ({\- _
APPLICATION FOR A SPECIAL EVENT LICENSE
(Page 2)

If Outdoors, will toilet facilities be provided? [ ? =- I


If so, location of toilet facilities:
(Include on plan)
[ / 1
Will a tent be erected? [-::::=:::::::::':-'-']
(Include on plan)

Expected Attendance: L"L~~~ "~J Seating Capacity: [_. ,_'~_,J


Is parking available: Dfes 1 For how many vehicles? [---------,

!;Ol'iCE!tI [JJ 0 J Is staging or platform required? [6 DJ Amplification?

List types of musical instruments: .


[~f~MS-\-~ v~n~~VS CI\SS -~l-::S-:::--' -,n.-q-re.A-- ----'-.-'-~

DANCE [2:/'1 DEEJAY Amplification: 1_ _ J


,&mr:nNG lCVENT [jVQ~ Type C ]
Set-up Dates (Sporting events only): [",~~ .-=-~_-_.-_-__-_-_· 1

PlAY 1- Y\0J If yes, what type: I . ~~-.- __,----.- ---~

~ARJ.Ii!YM eM] ClR~U§ [~~ Will there be animals?

If yes, types of animals: ~ ,----._._- .__._, ]

SHOW ORE~!ill!!IlQl'! t'C10J Type [~-' . . ~J


9THEI~ (describe) l \-\-Q\\o\jJeen Y~l\<~ , .]
Are required approvals attached, e.g., State, Recreation Dept.? [_.__ _ ~__ J
Is a street closing being requested? [-M_-_ ..- . - -
__-.. J
Will food be prepared on the premises? [. ~_.-_. __J
If so, is Health Dept. Inspection Approval attached? [~]
EVENT HOLDER _

APPLICATION FOR A SPECIAL EVENT LICENSE


(Page 3)

Will LIQUOR be served?

If yes, will you be applying for a Class F or F-l Liquor License?

If not, will another's license be used?

If so, whose?

Will there be gambling, e.g., bingo, raffle, etc.? Li('1~J Do you have State Police Approval~j

List Names of Vendors Item to be Furnished

,..--'
~/

FOR' Retail Sales - Have you completed a "'I'mmMe,"s AI)plication For .lP'ermit to Opemte a Show or
Event" with RI J)ivisiolJ. of Taxation? (Contact No.: 222··2957)

FIREWORKS

Do you or the pyrotechnic have Newport Fire Marshal approval?

Locati on from where fireworks will be shot:


~
[.....,<0.-, ~_J
Time fireworks will begin: ~-~=:J Duration: I~ J
NOTE: ][f fireworks are to begin 01' end after 10:00 p.m., a sOllnd val'iance mllst be obtained.
If fireworks are for longer tllalll 15 minutes, lIJlTangements mlist be made for police
detail officers at sponsor's expense.
_..'---
ROAD RACE, WAJLK-A-THON".ETC. On RoadWay(§}J:=:=:J/~nSidewalk(s)
--~.;
C' I
Has notification been made to residents along tile ronte? ~._~
Have temporary signs been posted'! _~._jSigns mlist be removed by the following day.)

SPJliXIFIC ROUTE
•., . /
.-.----------------.-7'----------------------------·------··-----------
._-----------_./'..:::.~._--------------~-~--_
.._-_.
~ ./
,...-,<
TO THE HONORABLE COUNCIL OF THE CITY OF NEWPORT:

Application is made for the following license: DRAIN LAYER


Date of Duration: _ANNUAL_ Business Telephone: _(401) 846-0269_
Location: Sreets of Newport~_ _

D/B/A Peckham Brothers Company _


Signature of Applicant: ~ 101"'" iii, QO..t" m Date: fi:eo1 20 \ 0

Print Name of Applicant: Y€-C\"\r,C\p;"'J3co ( % =r"G


Cr(,hc"';' F Tr'Gccloo,m-:w
Owner: __Peckham Brothers Company, Inc.~_ _
Owner Telephone: _.>.8LLJ.JC\""o_~-,-O..l..·L~!,,--,q _

Owner Address: 72.0 -t"Cod\5C~ [Iv,,,,,.

~_O~~-'------~Office
Use Only ~---,--~---~--
Filing Fee $15 Date Paid: -1'-o-lf -I 0 4-c/·
License Fee $100 Date Paid q -J.. "'1-/ 0 ...-;J. -cJ .
License Number: 2838

COUNCIL ACTION: _ DATE APPROVED: _

License issued by: Date Issued: _

Drain Layer Licenses expire on June 30th each year. The renewal application must be submitted in
time to go before the City Council prior to July I st.
An insurance bond is required and must be approved by the Engineering Department.

y :\1\·1isc~~llallClll1S LiCCll~c.s\Drainl.aycr\;\ppDrailll A.lycrl ,iC\~llse-. ~~009.d{1~ CrcalL'ti all ::if] 1;'20099:20 Afv1
Jl):2 Previous /){lckcl Date:
/olro!lC)
CITY OF NEWPORT, RHODE ISLAND
The undersigned respectfully petitions the Honorable Council for a HOLIDAY LICENSE to allow retail sales on the following holidays: New
Year's Day, Memorial Day, FOUlth ofJuly, VictOlY Day, Labor Day, Columbus Day, Veteran's Day, or on any day which any enumerated holiday is
officially celebrated, No Holltlay Li••n•••hali b. i.suetl and a r.tan bnsine.. shan not be open De••mber 25" of any year or Thanksgiving
Day. ex.ept pharma.ies, retail.tores tbat prin.ipally .eli food produ.ts a"d whi.h employ few.r 1/.l~.n·,.ixe'."Pi~eesfeUbift.atJlny.-'!n.
e "1
IDeation. nower. ga,'den and garden a••••sory shop., video .to..., and bakeries. (RI General Lawlif)) ! ~J~.I~ It:'.. . j . _Wl__[E
i •.'\;
Application is made for: HOLIDAY SELLING LICENSE I1;;i\ Icc Date: 71" ' j

LICENSE IllURAl'ION: A"'~I'i 1, ''/0 ( 1 \ ' 1 u:.P 2 7 2010


r' ex. u till'oll!glll Marcil 31, _.. _... ",e0:::' _ I":;.)

~~~:~~,~~~~~;~): , 73~d . e _dtlf:E~1IT!~)~~ETh~ . ,


BUSINESS DIB/A: ,:::5.t2 Irt e 17('t1ltLflzti.f::~')· '71/,/
T"
SM'j/?~;;'<Ln:="",,-
I?
_
BUSINESS LOCATION: If 'W'tI/·ti:!..:S WA£"I/ f IVhv t.?fJd~1 () 21t 10
Owner/Representative: LovI' A. L " ' ' ' l c ! ' . --,- _
Autborized Signllltlllre: ?0A' A ~ ~ Title:.R~:!?I/lJ--·__~~
Owner's Home Address: -D.. JOt114h/iwt T7Z, S wPti,£:/reJJ ;Z/ "Z!t."--,-72L,'_
Business Telephone No.: W 7qJ.,ft4 7 Home Telephone No.: 1/tJ/ 7 tp. O?§- ""
0>; f¥1 tfb '11 .
OWllle,"s address

E-Mail Address:~.br:.I:9(l1lA0tve~Lf')t... "c,..E::I_~~_._.~. _.._._, ~ ~_


The undersigned has been in business since (year): 2- DO ~_ _.
The business is principally engaged in the sale of the following types of goods: .---k;jd-/hJ)~-o/-{fJ~----
------------. - -

TRA.NSJi'ERS.ONLY COMPLETE THIS SECTION


PREVIOUS BUSfi\lESS (ownership): .__ ..__,__ _._.__ ._"__ _.." _-"" _.,_ -_._.."
PREVIOUS BUSINESS DiB/A: "., "._ ." _ ..,_... . ._._...... ._...". .._ ._,_._.__ ~
PREVlOUS BUSINESS ADDRESS: , _. .. .... .,, ._ _.__... .__. _
PREVIOUS OWNER'S SIGNATURE: _ _._. __ _..__ _ __ _.__._.._ ..'__'_'
SEP 29 2010
Mayor's Office
CIty of NaWpDrt

State of Rhode Island and Providence Plantations


State House
Providence, Rhode Island 02903·1196
401·222-2080

Donald L. Carderi
Governor
September 7,2010

The Honorable Jeanne-Marie Napolitano


Chairwoman/Mayor, Newport City Council
43 Broadway
Newport,Rl 02840

Dear Ms. Napolitano:

It is my pleasure to inform you that the City ofNewport will receive a grant in the amount of
$401,250 from the Rhode Island Community Development Block Grant (CDBG) Program.

Priority, this year, has been given to activities designed to improve or increase the supply of
housing available to low and moderate income families. Among the excellent programs funded
statewide this year are development of affordable housing opportunities; job training/development
programs assisting low-moderate income persons and various public facility, social and
community services agencies.

Approximately $5 million is being awarded to 31 Rhode Island communities. The number and
quality of applications received is indicative ofthe commitment Rhode Island cities and towns
have to provide decent housing, expand economic opportunity and improve the quality of life in
local neighborhoods.

Specifically, the City ofNewport is being awarded a grant of $40 1,250 for the following
activities.

Broadway Pedestrian Improvements $40,000


Housing Operating $50,000
ChildlFamily Supportive Housing $10,000
Housing Hotline $18,500
Streetscapes Improvements $105,000
Newport Skills Alliance $10,000
Women's Resource Center $10,000
The Honorable Jeanne-Marie Napolitano
September 7,2010
Page 2

Newport Housing Authority, Jobs $ 5,000


East Bay CAP, Health Center $ 9,789
East Bay Health/Dental $10,000
Florence Gray Gym $12,211
Community Housing Land Trust $ 1,250
Edgar Court Elderly Housing $40,000
Rebuilding Together $ 1,500
McKinney Day Center $10,000
Big Brothers $ 3,000
Administration $60,000

I wish you every success with your community development projects. You may contact Michael
Tondra at 222-2079 if you need further information.

Sincerely,
\
~-t/G,.~
Donald L. Carcieri
Governor
STATE OF RHODE ISLAND AND PROVIDENCE PLANTA
DEPARTMENT OF ENVIRONMENTAL MANAGEME
Office of Water ResourceslWater Quality Certification Prog am fllOBATE COliRT
235 Promenade Street NEWPORT, RI
Providence, Rhode Island 02908-5767

NOTICE

File Number: 10-043 DATE: September 29, 2010

The Office of Water Resources has under consideration the application of:

Naval Station Newport


Attn: David Dorocz
690 Perry Street
Newport, RI 02841

Requesting a State of Rhode Island Water Ouality Certification to replace four existing 60-inch corrugated metal
pipe culverts with four 60-inch reinforced concrete pipe culverts. The existing concrete headwall, wingwalls, and
foundation will be maintained. New site work above the culverts will include road reconstruction with bituminous
concrete pavement, granite curbing, and a 4-foot wide concrete sidewalk on the west side of the road.

Project Location: Gate 2 Culvert (Bridge 1366)/3'· Street Extension


City/Town: Newport
Waterway: Hunters CreeklNatragansett Bay

Detailed plans and specifications rnay be viewed at the Office of Water Resources in Provideuce.

The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities and
other interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within which
comments or concerns may be received. You are advised that if you desire io submit a statement or have good
reason to enter a protest against the proposed project, it is your privilege to do so. Objections to the proposed
project must be submitted in writing and relate to impacts to water quality from the proposed project activities. It is
expected that objectors will review the application and plans thorougWy, visit the site of proposed work, if
necessary, to become familiar with the conditions, and cite which law or laws would be violated by the work
proposed. The NOTICE period for this application ends at 4:00 p.m. on October 29, 2010. The Office of Water
Resources cannot extend this NO'I'ICE period.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing on
the matter. If you desire to request a hearing, your request must be submitted in writiug and be received by this
office on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing· and
give sworn testimony. A notice of the time, location, and nature of such hearing will be furnished to you as soon as
possible after receipt of your request for hearing.

This serves as notice that the Rhode Island Department of Environmental Management, Office ofWater Resources,
Water Quality Certification Program has under consideration and review the above described project. The project is
being reviewed for compliance with the State's Water Quality Regulations (AUTHORITY:m accordance with
Clean Water Act, as amended (33 U.S.C. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 of the
Rhode Island General Laws of 1956, as amended).

Objections to the proposed project must be .submitted in writing and relate to impacts to surface water quality from
the proposed project activity. It is expected that objectors will review the application and plans thorougWy.

If you have any questions related to this NOTICE, contact the Office of Water Resources, Water Quality
Certification Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Office of Water ResourceslWater Quality Certificatlou Program
235 Promeuade Street
Provideuce, Rhode Island 02908-5767

NOTICE

File Number: 10-015 DATE: September 27, 2010

The Office of Water Resources has under consideration the application of:

Newport Country Club


Attn: Mr. Turner C. Scott
122 Touro Street
Newport, RI 02846

Requesting a State of Rhode Island Water Oualitv Certification to perform a marsh restoration project. Specific
activities include constructing a headwall structure above the existing cnlvert located beneath the culvert located ou
the seaward side ofOceau Avenue, cleaning out the existing culvert located beneath Ocean Avenue, and removiug
existing obstructions from the contignous tidal channel located landward of Ocean Avenue.

Project Location: Ocean Avenne and Newport Country Club


City/Town: Newport
Waterway: Tidal Creek and coastal wetland

Detailed plaus and specifications may be viewed at the Office of Water Resources in Providence.

The purpose of this NOTICE is to inform all landowners of properties adjoining the site of proposed activities and
other interested individuals or agencies of the proposal and to provide for a period of thirty (30) days within which
counnellls or concerns may be received. You are advised that if you desire (0 submit a statement or have good
reason to enter a protest against the proposed project, it is your privilege to do so. ObjectiOIis to the proposed
project must be submitted in writing and relate to impacts to water quality from the proposed project activities. It is
expected that objectors will review the application and plans thoroughly, visit the site of proposed work, if
necessary, to become familiar with the conditions, and cite which law or laws would be violated by the work
proposed. The NOTICE period for this application ends at 4:00 p.m. on October 27, 2010. TJ1e Office of Water
Resources cannot extend this NOTICE period.

In accordance with the Administrative Procedures Act (Chapter 42-35 of the R.I.G.L.) you may request a hearing on
the matter. If you desire to request a hearing, your request must be submitted in writiug and be received by this
office on or before the NOTICE date above. If you request a hearing, you must attend the scheduled hearing and
give sworn testimony. A notice of the time, location, and nature of such heariug will be furnished to you as soon as
possible after receipt of your request for hearing.

This serves as notice that the Rhode Island Department ofEnvironmental Management, Office of Water Resources,
Water Quality Certification Program has under consideration and review the above described project. The project is
being reviewed for compliance with the State's Water Quality Regulations (AUTHORITY: in accordance with
Clean Water Act, as amended (33 U.S.c. 1251 et.seq.; Chapter 42-35 pursuant to Chapters 46-12 and 42-17.1 oflhe
Rhode Island General Laws of 1956, as amended).

Objections to the proposed project must be submitted in writing and relate to impacts to surface water quality from
the proposed project activity. It is expected that objectors will review the application and plans thoroughly.

If you have any questions related to this NOTICE, contact the Office of Water Resources, Water Quality
Certificatiou Program, 235 Promenade Street, Providence, RI 02908 (401) 222-4700.
RECEIVE]:)
IOcr 04 2010
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Mayor's Officil'
) !OIl)! of Newport'

DIVISION OF PUBLIC UTILITIES AND CARRIERS


Motor Carriers Section
89 Jefferson Blvd. FAX (401) 941-9161
Warwick, R.I. 02888
(401) 941-4500

September 24, 2010

Mayor Jeanne-Marie Napolitano


City of Newport
43 Broadway
Newport, RI 02840

Dear Mayor Napolitano:

Enclosed you wiIl find a copy of a notice of public hearing to be conducted by the Division of Public
Utilities and Carriers regarding the request of Newportravel, LLC to amend the start time of its Jitney tour
service that runs through your municipality.
)
Newportravel, LLC has filed this application under R.I.G.L. 39-13-3 and, because this proposed
service operates in your municipality, this agency is responsible under R.I.G.L. 39-13-5 to notify your office
of the pendency of such an application and the date, time and place of the hearing to consider said application.
Please review the attached hearing notice and the proposed route and schedule to determine if your
community would be affected, positively or negatively, by the granting of such an application and to
determine further if you wish to offer comment or participate more fully in the scheduled hearing.

If you have any questions regarding this matter, please feel free to contact the Division at (401) 780-
2158.

Sincerely,

Terrence Mercer
Associate Administrator

)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DIVISION OF PUBLIC UTILITIES AND CARRIERS
89 Jefferson Boulevard
) Warwick, Rhode Island 02888

HEARING NOTICE

Pursuant to the provisions of Chapters 39-13,39-14-25 and 39-14.1-4 of the


General Laws of Rhode Island, the Division of Public Utilities and Carriers, Motor
Carriers Division, hereby gives notice that it will conduct hearings into the applications
listed below at the times and dates specified. The hearing will take place at 89
Jefferson Boulevard, Warwick, Rhode Island in the Division hearing room. The
Applicant must appear in person.

Anyone wishing to protest an application must do so in accordance with the


Division Rules of Practice and Procedure. Anyone seeking Intervenor status for any
hearing described above must file a Motion to Intervene in that matter, in writing, with
the Division within seven (7) calendar days after the date Notice was given to the public
by legal notice in The Providence Journal-Bulletin. The Motion must conform to the
requirements of Rule 17 of the Division's Rules of Practice and Procedure (available on
the Division's web site).

October 14,2010 Taxicab Transfer - Gonzalez Cab, Inc., 485 Cranston Street,
10:00 a.m. Providence, RI 02907, requests the transfer of its Taxicab
10 MC 79 certificate MCT-362 for a total of one (1) taxicab for
Providence, Cranston, Johnston and T.F. Green Airport and
) Taxicab certificate MCT-363 for a total of fifteen (15)
taxicabs for Cranston, Providence, North Providence and
Johnston, to Jose Taxi, Inc., 222 Hanover Street,
Providence, RI 02907, pursuant to RIGL 39-14-25.

October 15, 2010 Entourage Livery, Inc., 375 East Washington Street, North
9:30 a.m. Attleboro, MA 02703, is requesting authority to operate as a
10 MC 80 public motor vehicle pursuant to RIGL 39-14.1-4.

October 15, 2010 Jitney certificate holder- Newportravel, LLC (J-520), 1225
10:00 a.m. Aquidneck Avenue, Middletown, RI 02842, is requesting
10 MC 81 authority to change the start time of its "Early Bird" tour from
7:30 a.m. to 1:00 p.m. and the start time of "The Best of
Bristol" tour from 1:00 p.m. to 2:30 p.m. pursuant to Title 39,
Chapter 13 of RIGL. The route and fare for each tour will
remain unchanged.

Rebecca J. Harwood, Clerk


Motor Carriers Division

) (9/23/10)
PAGE 10f2
CITY OF NEWPORT, RHODE ISLAND
FROM YEAR TO YEAR, _
PUBLIC ENTERTAINMENT LICENSE APPLICATION
TO THE HONORABLE COUNCIL: DATE: ,I oq- 07-/ 0
DBA Name:
Business Phone: 203 - SLIS-3J66

Corporate/Business Owner Name: I, 'C f


'''''''''''n~'Z
Owner Address:1 I¥ CAlvlrt S-\-N.t.t (~'r3-T floor)
Owner City: I All!-lNlart- I State: @] Zip:

Owner Phone: I 20:3 ··SiS -'5/66 I


For Mailing Address (choose one): '
Use Business Location: OR Use Owner Address: , / OR Other Mailing Address:

License Number: IL_---,=~_ CLASS:[frJ DURATION: 1_~A:.:.::nl1~u:::.;"I,-- _


Yearly is June 1- May 31 GJ
orifDaiIy (list dates)
kl/A-
HOURS: 2 AK (71-,,'->4, +.., 5".,{/',)
lAM (Ke.lt .. f ,'1e.."'If')
Location: I 547 Th">,(5 STru .1'
Ne-wp"r+ " ttl O';\'6~o
~--:-_--':--_----'-------------ff~Si±;;i#
Initial Here that PLAN is attached thatspecifically delineates & defines location 0/ entertainment: IV
INITIAL HERE to acknowledge receipto/NOISE ORDINANCE If.5111 DATE: 07' (/'1-/0

Filing Fee -li2.- Date Paid: I 2/1110 I License Fe~'~p~,


I '
Paid:
IJVO'lik:..
,
I 1/1/ /0 I
License Issued By: _ _ Date Issued: /t;1
•••• - • • - - - - - _ • • • • __ • - - - - _ . _ . - - - - __ - - - - • - _ . - - - - _. - - _ . - - _."w • • • • ••• .' • ••• _
~
ANNUAL Class A (inside) $300 Class B (outside) $200(including tent) accessory only
Class C (Class J Liquor) ($500)
P..~~~Y. _S!!l.~~_~.~}? p.~~. ~~Y:. _. _....<;}~~~.~. I?~!y.. ~! _q J:)~~ .~~x_(M~!!!?_~~!.!?_ ~~!!Y: ~.I~~~. N.... _..... ." _. __ ... _
ACTION OF COUNCIL: ACTION DATE: _
Page 2 of2 Entertainment License Application
JUNE I, 'ZO/O , TO MAY 31, z=//

PLEASE COMPLETE ALL CATEGORIES. Use "N/A" if not applicable. '.


AMPLIFICAnON? YeS
DEEJAY?
IJ IA-
CONCERT?
lJ It\-
BAND?
~\ JA-
HOW MANY MUSICIANS?
MIA
HOW MANY VOCALISTS?
1Il1A- .

TYPES OF MUSICAL INSTRUMENTS?


1II1A"
DANCING?
iJ}A-
DANCE REVUE
AJIA
MOVIES?
N1A
PLAYS?
!Jilt
OTHER
'B",d", rOV.,/ PlUJ, C ,,( '" ",.$ /CJ "C> / bel'!' //~ n)""
U / V

Expected Attendance: _ Seating Capacity: _---'I--=O_S' _

Parking Availability # of Vehicles: _--,-V""'-"-----))_'TI.lJi2.."'' "' -'-' ' ' 'c.CT1-'-'"",~y=-,;!1 -_5=-° _
Do you have a Liquor or Victualing License: __V"",-'c<.C!.-t"...:"'' 'A' 'I;'J' 'J--_:L::;-'.!<t'-' o->:fel2,. _

Your signature below indicates that you have reviewed the informatlim on this two pageform and agreed
that it is correct. Any change will require that a new application befiled with the City Clerk's Office.

SIGNATURE OF REPRESENTATIVE: l-c-::::::::===?¢::~~.;;;;<~··;7·· - --------1


PRINTED NAME: "'..." """''1-
1_.-:F:.o.:...::.:...:L='-'=-----'.?:J==:i="-,-'-'
'lg oelf" 1 DATE: ' - -_0 ...- 07-!O
_'--, _ I

TITLE: I 0 VJ I'Ve.. r
RESTRICTIONS:
t \
00 o \n
. 0 0
o o - \.f1 -
--
\)

tOO I'

',:, '
--,
'-0
.. --,.- .

l
J~
-'" <J)
--~
, .. -Y
J
S'
t
- 1 [
." . d
----S:::

?\-
,
."
-I:
~,--~
~


.. - -. .. - '-
>L
\1\

,-
'2"'0..
-0
..... '"~
0

~
~
'-'4
.....
~ ./\
lV
-"\ q
-
ct:'
~
'3 ?
0 ct\
~LJ' ,

. ((J -
\ ..--_
-~:
,J .... -
.. -.
"- 0)) II
il.
'.

Benjamin C. & Lee A. Riggs


15D Harrington Street
Newport, RI 02840 i.:;'-; i:l
t
Tel. 401/846-2540 Fax. 846-1032 -~

rmcriggs@earthlink.net

September 21, 2010

City Council, City of Newport


City Hall
43 Broadway
Newport, RI 02840

Re: Application of Shobeiri, d/bla Genie's Hookah Lounge, 547 Thames Street

Dear Members of the Council:

While we have no objection to a Hookah establishment per se, we are very concerned
about having one in this location.

This area of Lower Thames already has a severe parking problem, particularly during
evenings in the sununer season. Due to area bar and restaurant activity, residents often
cannot find a place to park on their own street.

This particular location has a capacity of 105 persons, and an estimated parking
requirement for up to 50 cars. Even if the Wellington and other area lots were to be
available and used, this would simply displace other customers into having to park on our
residential streets. Without the closure of some existing barlrestaurant establishment, we
just cannot absorb a source of even a single additional car here.

In addition, the rear door and potential parking area for this Lounge faces a residential
street and around 40 condominiums. With entertainment and a 2AM closing, the noise
and trash problems would inevitably be unacceptable.

While we believe the proprietor of this establishment has good intentions, we believe this
location is unworkable under any scenario, and strongly urge you to deny the requested
entertainment license.

Sincerely,
'
122
~i~~Jt-
'~

Lee~ ~
e,
15B Harrington Street
Newport, RI 02840
September 27, 2010

Ci1y Council, Ci1y of Newport


Ci1y Hall
43 Broadway
Newport, RI 02840

RE: Application of Shobeiri, d/b/al Genie's Hookah Lounge, 547 Thames Street

Dear Members of the Ci1y Council:

I hope that you will give credence and attention to the plea of residents who would be
adjacent to the proposed Hookah Lounge when we say that we are gravely concerned
with this proposition.

This area of Lower Thames already has a very difficult problem with parking as it is. We
are already competing for the few spaces there are with other restaurant and bar
establishments. It is close to,impossible to find a parking space for residents, particularly
in the summer months.

In addition, there is a real "quali1y of life" issue here for the residents. This is just
another noisy establishment, (aka IYAC) which will have no regard for its neighbors.
The front and rear doors will be open, facing the adjacent homes. It is proposed that this
establishment remain open until 2 AM. This will make living here untenable. The
accompanying noise, trash etc. that can be expected will only add to the reason one
wonders when the wishes of neighbors who support the compatible development of
downtown Newport will be heard.

Thank you for your time and attention and please turn down this application.

Sincerely,

~/~?~~. ib
bLf~,( b~-
Mary Jacobson Marti: JaJobson
I\IL,£YlWv~nZOn.neri ·pmmccarthy@aol.com
l
... . _ •• ;1:;,... ' - ...... , "'1111 m.,llt=L,
Subject: Hookah Lounge
Kate

Kate, we own the condominium at 158 Harrington Street and are extremely unhappy about the prosl?ect of a hookah lounge at
547 Thames Street.

This lounge will add to police activity, congestion. noise, and will degrade our property values and drive business away from lower
Thames Street just at the time lower Thames is trying to develop a viable development plan.

Already this area is assaulted by noise and improper conduct centered on the IYAC. This so-called hookah lounge, featuring
belly dancing and tobacco among other substances that will inevitably creep in, will be a blight on the neighborhood. Why would
this even be seriously considered? There is no parking at all in the area- we cannot find room for our own cars or those of our
guests. And I promise that the police will be called over and over if this goes forward to deal with the unsavory conduct that will
now occur right outside our front door in the parking iots behind the proposed establishment.

Newport should be reducing or banning smoking in bars and lounges, not expanding the activity; Newport should be developing a
viable plan for the improvement of lower Thames. not for its further degradation; Newport should be taking steps to attract viable
and sustainable businesses to lower Thames, not driving out those businesses struggling to survive along this already blighted
street. Newport should be taking steps to keep it attractive for seasonal tourists and residents to come to the City and to lower
Thames; not driving them away. .

Do Council members really think a yacht brokerage can survive in the same building as this proposed lounge? Or that a well
known nautical bookstore will long keep its location in the immediate vicinity? Or that new restaurants. businesses and
residences will grow up in a hookah bar neighborhood with belly dancers?

We calion the City Council to disapprove this proposal and to move on with sustainable and viable economic development in
lower Thames Street area

Sincerely,

Martin and Mary Jacobson


158 Harrington Street
..._ , ',-- -- .
To: Kate Leonard
Subject: Fwd: Hookah Lounge
'.
Hi Kate:
Cathy, my wife and I, also own directly next door to the Jacobson's at 15 C Harrington St and also have a
second home at 39 Pope Street.
We both feel as strongly as Marty and Mary about this possible 'Hookah Lounge' on Thames Street.
Please let us know who else we Can write to express our feeli,ngs against this enterprise coming into
our area.

It's time our local officials began thinking about those of us who live here instead of putting us on the
defensive and allowing some outside enterprise to drag down and jeopardize our home values and existing
businesses.
Thanks for your support.

Paul & Cathy McCarthy


15C Harrington Street
L
Newport, RI 02840
Last printed 6/5/2007 10:54 All
JPAGE 10f2 CiTY OF NEWPOR:r, RHODE ISLAND
Dec. 1, _~ __ .Nov. 30, ~

VICTUALING LICENSE AJPJPLICAHON


TO THE HONORABLE COUNCIL: DA'fE:

SEP -

Owner Address

City:
I I< i IZiP:1 0 ~ol
Owner Phone: Business Phone: ItL(j I~ 2Lc:7-1l/S8 ~
'-'--"-----"--;;~~~~

I License Number: CLASS: 12 L


[,2~,--
I. Litter Rating from I
City Clerk: . ..-J

DURATION: I ,4 Vlbt< U (Annual is DEC 1 thru NOV 30) or if Seasonal (list dates): IL .J

Estimated monetary
investment involved:
I I
Hours of Operation: I [ l::. -5/)c<1'i'T (:. de) ,;!It?yl I
Do you have Extended Hours of Operation (i.e. 2:00 am till 6:00 am)? D if yes, specify extended hours and days:
Hours: I IDays: I --.-J

Is liquor license application being submitted by the applicant? [MJ or will it be in the future? D
baoaa·a~ ••••••• ~

Description andior rendering of architecture to be used (if changing). INITIALS: : Attached? (YES?No) :
. . . . . . . . . 000
:
"'00 • • 00 0

Approved by Council _ Disapproved by Council _

Issued by Date _

Y:'·Web [(\itill!(Vrn007Applkaf,on.(!{lc
Lastprinted 6/512007 10:54 AI
PAGE 2 of2 Victualing License Application De' J. 10 Nov 30,

Owner:
DBA
Location:

If NEW establishment -or- if NOT already "on-file", PLANS mllst be provided.


If new establishment, provide detailed Site Plan showing entire premises, interior, exterior, seating capacity, dumpster
location, and parking area.
Plans attached or on-file (YES or NO):

Current Seating: I -...r-o


Parking Parking Number: I 10
Available? Location? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of Cars I
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Your signature below indicates that you have reviewed the information on this two page form and agree that it
is correct. Any change will require that a ne application be filed with the City Clerk's office.
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CITY OF NEWPORT
RESOLUTION
OF
THE COUNCIL
NO. _ _

WHEREAS, there has been a Fort Adams guarding the mouth of


Narragansett Bay since 1799; and

WHEREAS, the current Fort Adams is a marvel of military


architecture and engineering, the largest example of
its type in North America; and
WHEREAS, Fort Adams offers many educational opportunities
illustrating American and naval history, military
strategy, the defenses of Narragansett Bay and the
history of the Irish community in Newport, among
others; and
WHEREAS, Fort Adams is a unique attraction among many in the
City by the Sea forming the basis of the cultural
tourism economy; and

WHEREAS, Fort Adams is an indispensib1e waterfront asset for the


City known for hosting world class events such as the
Newport Folk and Jazz Festivals; and

WHEREAS, Fort Adams has benefited from fifteen years of efforts


by the Fort Adams Trust, the State of Rhode Island and
others to restore and stabilize important parts of the
Fort and to keep the Fort open to the public; and

WHEREAS, The Fort Adams Trust has just completed a master plan
envisioning improved public access to the interior of
the Fort by securing dangerous spaces surrounding the
impressive 6.5 acre Parade field to allow self guided
tours and to facilitate greater appreciation of the
Fort; and

WHEREAS, Question #4 on the November 2, 2010 ballot for an Open


Space and Recreation Bond Issue includes $1.5 million
for the purpose of accomplishing the first phase of the
master plan opening the fort. NOW THEREFORE BE IT

RESOLVED: the City of Newport expresses its support for Question


#4 and for the continued preservation of Historic Fort
Adams.

NEWPORT CITY COUNCIL


IN COUNCIL
READ AND PASSED

Kathleen M. Silvia
City Clerk
CITY OF NEWPORT
RESOLUTION
OF THE ADDED ITEM - #9-b
COUNCIL
NO.

WHEREAS, the Aquidneck Land Trust (“ALT”) has been


instrumental working with communities, residents,
landowners and philanthropic groups to protect the
important open spaces lands on Aquidneck Island
from development; and

WHEREAS, due to the efforts of the ALT and its partners,


well over 2,000 acres of land, both public and
private, have been conserved in perpetuity for the
lasting benefit of our island communities; and

WHEREAS, future generations of Aquidneck Island people will


benefit from the lasting fruits of this land
conservation work in the form of beautiful scenic
vistas, public parks, local foods from local farms,
clean water, nature trails, less traffic and
demands for municipal services as a result of less
development, biodiversity, etc.; and

WHEREAS, residents in the area surrounding King and Spencer


Parks in Newport have been diligent and caring in
approaching the ALT to permanently protect both
parks from development and protect public access
and visual beauty for generations to come; and

WHEREAS, an agreement has been reached between the City of


Newport and the ALT. NOW, THEREFORE, BE IT

RESOLVED: that today the City celebrates with the ALT and
thanks the residents who have achieved this
worthwhile and important goal. AND BE IT FURTHER

RESOLVED: a special thank you is bestowed upon Christy Prior,


the Spencer family, the King family, the Newport
Tree and Open Space Commission, and countless
others for their caring of the people and land of
Newport.

NEWPORT CITY COUNCIL


IN COUNCIL
READ AND PASSED

Kathleen M. Silvia
City Clerk
CITY OF NEWPORT

ORDINANCE

OF THE

COUNCIL

NO.

AN ORDINANCE IN AMENDMENT OF TITLE TWELVE OF THE CODIFIED


ORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994,
AS AMENDED, ENTITLED, "STREETS, SIDEWALKS AND PUBLIC PLACES."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 12.32 of the Codified Ordinances of the City


of Newport, Revision of 1994, as amended, entitled "PARK AND
RECREATION AREAS," is hereby further amended as follows:

ADD: "Section 12.32.055. Ballard Park--Regulations.

"Rock Climbing is not permitted at any time in Ballard


Park."

SECTION 2. This ordinance shall take effect upon its passage and
all ordinances and parts of ordinances inconsistent herewith are
hereby repealed.

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
Communication # 4761/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION .
To: Mayor Jeanne-Marie Napolitano~ersof the City Council
From: Edward F. Lavallee, City Manage _--
Date: October 5, 2010 .
Subject: Energy Conservation Program - Bellevne Avenue Decorative Streetlights
Staff Presentatiou: William R. Riccio, Jr., PE, Director of Public Services

RECOMMENDATION:

Approve energy savings initiative to upgrade the lighting source components (i.e., retrofitting existing light fixtures with
energy efficient bulbs) of the Bellevue Avenue decorative street lights in order to realize annual cost savings for the
City.

BACKGROUND AND FINDINGS:

National Grid has implemented a program for Municipal Rebates toward energy efficiency initiatives associated with
lighting modifications in order to conserve energy. This program is being administered by Energy Source of Providence,
RI who has recently worked with the Department of Public Services and National Grid in order to analyze the existing
lighting toward opportunities for cost savings for the 200+ decorative street light units along Bellevue Avenue. As a
result of this analysis, Energy Source has proposed retrofitting lighting fixtures into the existing street lights using
induction lighting at a total cost of $1 04,152.00. As part of this program, National Grid is funding 40% of the associated
costs which totals $41,660.00. The difference, $62,492.00, is to be funded by the City of Newport, as the owners of the
lights.

Providing these modifications will produce a savings of 105,776 kilowatt hours annually at a projected annual savings of
$11,297. The State Energy Office advised that the remaining costs associated with this project may be obtained from the
previously awarded ARRA Energy Funds awarded to the City of Newport earlier this year as a qualifying project toward
fund use. Accordingly, the City will realize cost savings at no cost to the City with the combined funding coming from
National Grid Rebates and ARRA funds. .

PREVIOUS LEGISLATIVE ACTION


N.. A.

FISCAL IMPACT
_ Currently Budgeted (Account _ _~~~ -l _ Requires additional appropriation X No Fiscal Impact

SUPPORTING DOCUMENTS
Resolution
Project Proposal
Corporate Information

Finance Dept Review: Date By: _ (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE
COUNCIL
No ..

WHEREAS: The City of Newport is committed to improving its energy


efficiency; and

WHEREAS: National Grid has a subsidized program that provides a 40%


cost share toward the retrofitting of the City owned and operated
decorative streetlights along Bellevue Avenue; and

WHEREAS: The actual cost ($62,492.00) to the City of Newport for


the City's portion of the retrofit project will be one hundred
percent (100%) offset through use of ARRA Energy Funds awarded to
the City of Newport for Energy Efficiency Projects and which will
yield projected annual electricity savings to the City in an amount
of $11,297.00. NOW THEREFORE BE IT

RESOLVED: The City of Newport shall allow work to commence on this


retrofit project associated with the Bellevue Avenue Decorative
Streetlights by Energy Source of Providence, Rhode Island under
this National Grid Municipal Program and the Mayor is authorized to
execute the agreement/work proposal on behalf of the City, subject
to favorable review by the City Solicitor.

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
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86 Sutton Street Unit 1R


Providence, RI 02903
Tel: 888.490. 7555
Fax: 401.490.7805

CITY OF NEWPORT (ANTIQlJE


STREET LIGHTING)
ANTlQUE STREET LIGHTING
2010 CUSTOM NATIONAL GRID
Lighting Conservation Improvements
~··.······~'·~·SOURCI·
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September 15,2010

City ofNewport
280 Spring Street
(Antique Street Lighting)
Newport, RI 02840

Energy Source is pleased to present this proposal for energy conservation to City of Newport (Antique
Street Lighting). We trust you'll find this proposal a cost effective means to, not only redueing your
energy bills, but also improving the light quality ofyour work spaee.

Other factors to consider as you evaluate this proposal are that existing lighting-related disruptions and
maintenance costs are eliminated until the new lighting system enters its end of life - typieally several
years. Where possible, we've standardized the lamp type. This will allow you to maintain a single
inVentory of like lamps. Finally, the environmental impact of this' initiative has been documented further
in this proposal. .

I hope you find this proposal informative, Ifyou have any questions please don't hesitate to contact me.

Since~, ,p
,,~,--:7 :d1?1.>t:K'z::::;ra.~

James R. Lavoie
Energy Source

September 15. 2010 Page 2


Proposed Energy Conservation Measures:

Billing Account Number (National Grid)


7672771000
Energy Source shall retrofit the (76) ISO-walt HPS (190 watts total consumption) Antique Street lighting
fixtures located in the above areas with (76) new high 85 watt Induction Kits. The new Induction Kit will
be retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 watt lamp and Induction Generator ballast will give you lower
energy cost and much better light quality.

150 watl UPS VB. 85 watt Induction

• Existing fixtures consume 190 walts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time of 10- J5 minutes the new fixture is inslant
• Existing lamp has a color-rendering index (CRI) of 65 the new lamp has a CRI of 90
• Bxisting lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hOllr life the new lamps have a 100,000 life

Billing Account Number (National Grid)


5060547001
Energy Source shall retrofit the (76) ISO-watt HPS (190 watts total consumption) Antique Street lighting
fixtures located in the above areas with (76) new high 85 watt Induction Kits. The new Induction Kit will
be retrofitted into the existing fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 walt lamp and Induction Generator ballast will give you lower
energy cost and much belter light quality.

150 watt UPS vs. 85 watt Inducllon

• Existing ftxtures consume 190 watts per fixture the new fixtures consume 85 watts
• Existing ftxture has a re-strlke time of 10-15 minutes the new fixture is instant
• Existing lamp has a color-rendering index (CRI) of 6S the new lamp has a CRI of 90
• Existing lamps provide 67% lumen maintenance compared to 88% for thenew lamp
• Existing lamps have a 20,000 hour life the new lamps have a 100,000 lite

September 15. 2010 Page 3


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BIlling Account Number (National Grid)


6307945004
Energy Source shall retrofit the (78) ISO-watt HPS (190 watts total consumption) Antique Street lighting
fixtures located in the above areas with (78) new high 85 watt Induction Kits. The new Induction Kit will
be retrofitted into the eXIsting fixture head utilizing a 3000 kelvin temperature lamp and a Induction
Generator. The new system with the 85 watt lamp and Induction Generator ballast will give you lowel'
energy cost and much better light quality.

150 watt BPS vs. 85 watt Induction

• Existing fixtures consume 190 watts per fixture the new fixtures consume 85 watts
• Existing fixture has a re-strike time of 10-15 minutes the new fixture is instant
• Existing lamp has a color-rendering index (CRI) of65 the new lamp has a CRJ of90
• Existing lamps provide 67% lumen maintenance compared to 88% for the new lamp
• Existing lamps have a 20,000 hour life the new lmnps have a 100,000 life

September 1&. 2010 Page 4


City ofNewport, RI
85 Watt QL Induction Retrofit Kit
16 3/8'.11(-','
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QL Ind.u,cti
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Alumi

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Ox/sling Filter Opening

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Executive Summary
Facility Lighting

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Seplembllr 15. 2010 Page 5


Investment Analysis

September 15, 201D Page 6


If you decide to proceed with this proposal,
Energy Souroe will be responsible for the following tasks:

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• llinal ~alk-through with you
;; Development Md delivery ofcomprehensive project completion manual.

Included In that fee is a one-year warranty 011 all Jabor provided by Energy Source. Parts and materials
are covered by standard warranties provided by their manufacturers. The lamps have a two year
manufacturer's warranty and the Induction Generator have Ii flve year manufacturer's warranty. Warranty
periods begin when installation is completed. The oWner has a one-month period following the
completion of the installation to accept or reject work perfonned by Energy Source, after which time we
will assume that the work has been accepted.

Energy Source assumes normal workday access to the job site and paymenl in full within 30 days after
receipt of final invoice. Energy Source will not be held responsible for nonnal wear and tear. The
removal and disposal of asbestos and toxic malerials are the owner's responsibility. This proposal is valid
for a pariod of 60 days from the date shown at the top of this proposal, after which time we will be happy
to provide an adjusted quote if necessary.

September 16, 201D Page?


PROJECT COST
The total project cost is $104.152. City of Newport (Antique Street Lighting) is eligible to receive an
Incentive from National Grid for $41 ,660 that National Grid will pay directly to Energy Source upon
complelion ofthis project. The final cost for City ofNewport (Antique Street Lighting) after the National
Grid Incentive is applied will be $62,492. To be paid dlreclly to tbe National Grid In 24 installments
tbrougb the Eleclric Bill. This pricing is valid for sixty (60) days.

The costs of recycling of the HPS lamps will be paid by Energy Source and is included in the cost above.

NOTE: ExcludedjrolJlthe cosls presemed herein are any cosls or expenses arlslngjrolJl
work necess/tated by existing cond/I/ons which are nOI in compliance wilh code
or any unforeseen conditions.

I would like to take this opportunity to thank you for considering Ellergy Source for your eaergy conservation
needs. Ifyou have any questions please do not hesitate to contact me. .

James R. Lavoie

ACKNOWLEDGED AND ACCEPTED

City ofNewport (Antique Street Lighting) is in agreement with the scope of work and tenns as set forth
in this proposal and that said services will be provided at a cosl of $62,492 (after National Grid Incentive)
payable in (24) NATIONAL GRID ON BILL INSTALLMENTS AS FOLLOWS.

Account 757277 I000 ($860.3 7) I Totaling ($20.649)

Account 506054700 I ($860.37) I Totaling ($20,649)

Account 6307945004 ($883.08) I Totaling ($21.194)

BY: DATE:

TITLE: ----- -_._--- P.O. NO:


FED 10#: _

September Hi. 2010 Pag&8


.....
Energy Initiative national grid
Custom Measures

Customer Report: CITY OF NEWPORT


Application Number: 639360
Report Date: 09.14.2010
Report Version: Proposed

Customer Information
..; .

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Sav.lnl;S Summary Incentive Summary .


c=:;"""''''''''''

IpstallatlQn ConttJIctof Information


Installed By: PROJECT EXPEDITOR Compony Nome: ENERGY SOURCE INC
Contact Person: Stre.t Address: 86 SUTTON STREET UNIT lR
Telephone: - exl. City: PROVIDENCE
E·mail Address: State and lip: RHODE ISLAND 02903

,-----,-------·----r---------------,
Application Date: August 30,2010
Expected Completion Dale: Deeember I, 20111
ProposedJ_".centive Recipient:
-----
PROJECT EXPEDlTOR

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Customer lUport: CITY OF NEWPORT
t~pllcat..m,I}I/t.'mliiber:,6I,319360. Date: 09-14-2010
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LGHT: _
l.Ightlng Systems

Existing (76) ISO watt HPS

New (76)85 walt Induction lighting

Eslimated Equil)ment Cost


Estimated Labor Cosl
Estimated Total cost
1'(et Present Value or Energy Sa"lngfOV~Nh.
lifo ofthe,energy .mcl.ncY'8ppli.8tloil,jjj'~"s
tho eustomer contribution '

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Energy Initiative nationalgrid:
Custom Measures

Customer Report: CITY OF NEWPORT


Application Number: 639355
Report Date: 09·14-2010
Report Version: Proposed

Customer Information

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Billing Acet N():


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Installation Cgpfrlietor Information


Installed By: PROJECT EXPEDITOR Company Name: ENERGY SOURCE INC
Contact Person: Street Address: 86 SUTTON STREET UNIT lR
Telephone: - ext. City: PROVIDENCE
i E.mall Address: State and Zip: RHODE ISLAND 02903

L<107 • HI Custom ·C()2 savings is based on annual kWh savings·


Customer Report: CITY OF NEWPORT
AppllclltlPJI Number: 639355 Date: 09-14-2010
$ (q. "'-···--''''''d~-7 pY'''7 P,,1,'

Summary 9f Planned Emciency Measures

l;(ghtlng Systems

oW (76) 85 watt Induction lighting

Esllmated Labor Cost


Estimated Total Co;;;;st;;....... _
Net Present Value of Energy· Saving. oVer Ille'
liCe ciUhe.energy dlld.hey oppliclitloilllilIiU$,
the customer contrlblltlon .

011 (MMTU)
Gas.Sace ae.tlng,.(MM.lITU
Gas'NoD Heating (MMBTV)
Water (gal)
Wastewater gal)
Other Savla •

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Energy Initiative nationalgrid
Custom Measures

Customer Report: CITV OF NEWPORT


Application Number: 618936
Report Date: 09-13-2010
Report Version: Final

Customer Inrormatlon

'I Customer Namet,


" BIIlb\gAcct 'No:
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, Email Address:, '
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Savinlls Summary Incentive Sum",ary ,

IpstglJgtjop Cogtractor Ipformation


Inslalled By: PRO,IECT EXPEDITOR Cempany N&me: ENERGY SOURCE INC
Conlact Person: Street Address: 86 SUTTON STREET UNIT JR
Telephone: -ext. City: PROVIDENCE
B-mail Address: Stale and Zip: RHODE ISLAND 02903

--..-_._-------,.....---------- ......
Application Date: June 21. 2010
Expected Completion Date: December 1, 2010
--------1
Proposed Incentive Recipient: PROJECT J!:XPE:;::D:=..lT:..:O::;.::Re:-_--l

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Customer Report: CITY OF NEWPORT
Application Number: 618936 Date: 09·13-10 III
; ali uI . hid , t 1III..1'll la' "iii j'. ",,' l'T itiiiijj;' "rnTi'f)'''''iiill ttl,
Summary of Planned Efficiency Measures

Llghllng Systems

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Walel' (gal)
Wastewaler (gal)
Other Savln2s

L007 - EI Cuslom
State of Rhode Island and Providence Plantations - Public Browse and Search Page 1 of2

State of Rhode Island and Providence Plantations


Office of the Secretary of State

Division Of Business Services


148 W. River Street
Providence RI 02904-2615
(401) 222-3040

Energy Source, Inc. Summary Screen


rn
Help with Ulis form

[ Request a Certificate 1
The exact name of the Domestic Profit Corporation: Energy Source. Inc.

Entity Type: Domestic Profit Corporation

Identification Number: 000134774

Date of Incorporation in Rhode Island: 02/17/2003 Effective Date: 09/17/2003

The location of its principal office:


No. and Street: 86 SUTTON STREET, UNIT 1R
City or Town: PROVIDENCE State: RI Zip: 02903 Country: USA

The mailing address or specified office:


No. and Street:
City or Town: State: Zip: Country:

Agent Resigned: N Address Maintained: Y

Name and address of the Registered Agent:


No. and Street: 536 ATWELLS AVENUE
City or Town: PROVIDENCE State: RI Zip: 02909
Name: ROBERT A. D'AMICO II, ESQ.

The officers and all of the directors of the corporation:

Title Individual Name Address


First, Middle, Last, Suffix Address, City or Town, State, Zip Code, Country

TREASURER MICHAEL H. LEMOI JR. 17 HUMMINGBIRD LANE


CRANSTON. RI 02921 USA
SECRETARY DAVID DRAKE po BOX 77.1497 PLAINFIELD PIKE
CLAYVILLE. RI 02815 USA
PRESIDENT MICHAEL H LEMOI JR. 17 HUMMINGBIRD LANE
CRANSTON, RI 02921- USA

The total number of shares and par value, if any, of each class of stock which the business entity is

http://ucc.state.ri.us/CorpSearch/CorpSearchSummary. asp?ReadFrornDB=True&UpdateAl... 1015/2010


Communication # 4762/1 0
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeanne-Marie Napolitano ~~mbers of the City Council
From: Edward F. Lavallee, City Manag~r
Date: 27 September 2010
Subject: Award of Bid #11-017- Martin Recreation Center Gym Floor Renovation
Staff Presentation: William R. Riccio, Jr., PE, Director of Public Services
Applicant Presentation:

RECOMMENDATION:
The Department of Public Services recommends award to O'Sullivan Flooring Co., Inc., of North Quincy, MA for the
bid price of not to exceed (NTE) $13,115.00 for complete Gym Floor Renovation to Martins Recreation Gym.

BACKGROUND AND FINDINGS:


The original gym floor in the Martin Recreation Center (also known as the Hut) was installed in 1954 and the original
flooring is still in place, well beyond the typical lifespan of such an active gym. This gym floor was last sanded 25 years
ago. Over the past few years several areas of the floor have begun to buckle. Generally, the floor condition is
deteriorating and in need of repair and resurfacing. Use of the gym by various adult programs generates substantial
revenues. Last winter the facility generated income approximating $33,342.55. Over an average winter week this gym
sees over 100 hours of active use ranging from preschool playtime to Senior Citizen walking; with youth and adult
basketball, indoor soccer, flag football, and rugby conditioning fitting in as well.

The proposed sanding quote would correct these problems and put off the need for a new floor by as much as 20+ years.
Staff had been projecting that the City would need to completely replace the entire floor at a cost of approximately
$100,000 in the next 3 to 5 years. If this maintenance is performed now, the City could anticipate a great deal of savings
and extension of the life of the existing floor. The floor will be resurfaced and existing boards that are damaged will be
replaced during the process to eliminate potential hazards. This work will also allow savings related to annual floor
refinishing which currently costs the Recreation Department $1,200 in supplies, and Public Services staffing of 3 full
time employees for 40 hours.

The City received three proposals: Rainbow Floors $13,600; O'Sullivan Flooring $13,115; and Universal Gold $16,395.
Accordingly, acceptance of the low bid of O'Sullivan Flooring Co., Inc. is recomm~nded. They have performed similar
work at various municipal/school gym facilities including recent work in the Middletown School District with favorable
reviews from the Director of Facilities.

Beginning work in October would allow the City to have the gym floor work completed in time for the annual
Thanksgiving basketball tournament.

PREVIOUS LEGISLATIVE ACTION None

FISCAL IMPACT

_K... Currently Budgeted (Account 13-190-999-133610) _ Requires additional appropriation __ No Fiscal Impact

SUPPORTING DOCUMENTS
Resolution
Bid Tab
Corporate information
Contract

Finance Dept Review: Date By: ---IbL_ _ (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE
COUNCIL
No ..

WHEREAS: The City of Newport requested Sealed Bids for


Gym Floor Renovations at the Martin Recreation Center,
Bid # 11-017. Bids were received on 16 Sept 2010; and,

WHEREAS: Award has been recommended to the lowest,


most responsive bidder being O'Sullivan Flooring Co., Inc.,
of North Quincy, MA at the bid price of $13,115.00.

NOW THEREFORE, BE IT RESOLVED: That the bid of


O'Sullivan Flooring Co., Inc., of North Quincy, MA is
hereby accepted at a total not to exceed cost of $13,115.00
and the Mayor is authorized to sign said contract on
behalf of the City, subject to favorable review by the City
Solicitor.

IN COUNCIL
READ AND PASSED

Kathleen M. Silvia
City Clerk
Tabulation of BID # 11-017 -Gym Floor Renovations
(Recreation & Facilities)
Rainbow O'Sullivan Universal
Floors Flooring Gold

1. A complete evaluation, inspection and (100 HRS) (200 HRS) (180 HRS)
restoration of vintage wooden gym floor $10,400 $11,120 $11,700

2. Materials (if purchased by Bidder) $3,200 $1,995 $4,695


(Buckeye Brand Coliseum sanding sealer)

Bid Closed: 15 Sep 2010

1
Bid # 11-017

List the OffIcers of your Corporation or Principals of your LLC. Award can not be done
without the attachment.

tJ'U(/[.VYII)1./ ~t2(yVt$ ~, me.


Complete Company Name

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Name Title/Officer/Position

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Name Title/Officer/Position

Name Title/Officer/Position

Name Title/Officer/Position

Name Title/Officer/Position

Name Title/Officer/Position

Name Title/Officer/Position

Name Title/Officer/Position

9
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Prgllle We hav•••Nod. New England achools.alnoe. 1976, Ollr


client IIs.llnolodo.6 flerv.ro, MIT, aoston College,
Sabsotl; Wheaton, UMoo$Boaton, BowdoIn, ColbYl
UMalne, URI, Browo, CCHI,.NolWlch. Rlvler, and
Simmons. Tho cltles of Boston and QulnGY have been
oor marn pUblio sohool aocGlInla for ove,' 30
yearn.PrIVate tld,ool aGQOllnla ·exlst·througholll the .
Indapellll.~t Scho.ollOllg."e,(tSl). and me N".flSAC••s
well ae dlooos.sln NoVi England. Our Speolal ProJecto
Group has cOIlIplotod P",JoclB wllh the Booton oef«os•.
Woroostar Con~um, Fogg Art MURaOm @Harvard
!Jnlv.mlly,and The Boslon Museum of Fin. Arto. TIl.
He.dm.sl~I'Shouso @Roi4>ulY lotio., tho PI'.sldo"f. '

...... ---i ""Ideno. <fiJ i'I.rvar<l, lIbm,'e"<fiJ Bo,ton Collog••nd


. lhs Gmton School, .nd Ih.e City COllncll Ch.m".... In
. W.,t W.rwlok RI .r••howplsco Jobo completed OVOI'
the yeaNJ..Out major n~n profit ou~tomaJ"6 are the
Gro.t.r Bo,16n VMCA and Ih. Boys & Glds Club or
Boston.
Pdnclple I3I0gr.·-p-.h-'e-S-+'llii~ family o~"ed and op.;mtstl·"b'""ls"'in-e-s-,-w-
.
••·..,.to··u....,ntl.'!
In 1070. Our principals bring over 00 yom'S of.
construotlon experUs,e to o~r ('J!~JIW,. WEtlMl{ fmward to.
• nsWsring ."y questions Yoo might have abolll
gymnasium pnd ffl~mmarofal Rool1ng•

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Memborshlp, MFMA ".glols"'d Instoll.I', Acllon Floor O.al.1' tor
MEMBER N.w E"glallll Region, Bonded up.to $ 300,000 pol'
IndIVIdual project, Fully InsurOll, C.rIJUed by Ihe
Oommonweallh of Massauhuselts
·hwtllll~IIO.niVp® . .... cominerolal:Rol:fllalion;(';i1dqp~rt!l .- - - - -
Numbel'oI Roc",ollon.1 . 21-50
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. W. liavsln.\Qlled almosl every Iypo 0' woOd 1Iooring
='-_.. . .
. sysmm Irl ffgYrona~llAm someWhere In NeW t::ngland
6l'{'oo.107.6;Our.~rm,ls.th6.oktEfSlln.Nov{-'Englemd, and
we compleled over 2.6 mlillonsqu,,,,·i\l.et.'
lIymnoslulI\ ffOQ'" In2004..0ur 110m ·lllOlal.led 20
gymneolum 600re tQtaling oval' 146;()0{) oqu.", feel In
all six New England slele. In 2004. W. s.nded and
rellnl.hed 47 gym,'" 11.0 N.w Eng'ontlSlIlt<JSIn 2004.
We oomplotod ovqr 400 oyms 01\ a s('..rean, ('..Iaan, ami
lJlOOetbasluln2004 olloeagalnlnaUslx Nsw England
states. Wa also Insloll eyililislio gYIl11100ro,tlle, 'oarpel,
ond speolally tloo1'8 for dlenl.. .
City of Newport
Standard Contract
For

Gym Floor Renovation


(Bid # 11-017)

Reviewed: Date: _

Reviewed: Date: _

Reviewed: Date: _

Reviewed: Date: _

Approved: Date: _

1
This Contract (The "Contract") is made and entered into by and between the City of
Newport, (the "City") and O'Sullivan Flooring CO.,INC, of North Quincy Ma
(the "Contractor"). This Contract shall become effective on the date it is executed by
the last party to execute it ("the effective date").

This Contract is for a project identified as Gym Floor Renovations _

As outlined under Bid/Proposal # _11-017 (the "Project").

For and in consideration of the mutual promises, covenants, and agreements set forth
herein, and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and the Contractor agree as follows:

ARTICLE 1
THE WORK OF THIS CONTRACT

The Contractor shall execute the entire work described in the Original Bid/Proposal
package and Contract Documents contained herein, except to the extent specified
indicated in the Contract Documents to be the responsibility of others, or as follows:
_ _ _ _ _ _ _ _ _ _ _ _,N/A'-- _

2
ARTICLE 2
DOCUMENTS INCORPORATED BY REFERENCE

This Contract references or includes the plans and specifications for the project as
identified thereon as such included in the original Bid/Proposal Package # _11-
017 , plus the following: N/ A~ _

All of which are hereby incorporated herein by reference and made a part hereof.
Change Orders issued hereafter, and any amendments executed by the City and the
Contractor, shall become, and be a part of this Contract. Documents not included or
expressly contemplated in this Article 2, do not, and shall not, form any part of this
Contract.
ARTICLE 3
REPRESENTATIONS OF THE CONTRACT

In order to induce the City to execute this Contract and recognizing that the City is
relying thereon, the Contractor, by executing this contract, makes the following express
representation to the City:

(a) The Contractor is fully qualified to act as the contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act
as the contractor for, and to construct, the Project.

(a) The Contractor has become familiar with the Project site and the Local conditions
under which the Project is to be constructed and operated.

3
(b) The Contractor has received, reviewed and carefully examined all the documents
which make up this Contract, including, but not limited to, the plans and
specifications, and has found them in all respects to be complete, accurate,
consistent, coordinated and sufficient for construction.

(c) The Contractor is familiar with all Federal, State, Municipal, and Departmental Laws,
Ordinances, Orders and Regulations, which may in any way affect the work of those
employed therein, including, but not limited to, any special acts related to the work
or Project of which it is a part;

(d) The Contractor is aware of the hazards involved in the work and the danger to life
and property, both evident and inherent, and the Contractor will conduct the work
in a careful and safe manner without injury to person or property.

ARTICLE 4
INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, The City and the
Contractor agree as follows:

(a) This contract, together with the Contractor's and Surety's performance and payment
bonds for the Project, if any, constitute the entire and exclusive agreements
between the parties with reference to the Project, and said Contract supersedes any
and all prior discussions, communications, representations, understandings,
negotiations, or agreements. This Contract also supersedes any bid/proposal
documents not incorporated herein pursuant to Article 2.

(b) Anything that may be required, implied or inferred by the documents which make up
this Contract, or anyone or more of them, shall be provided by the Contractor for
the Contract Price;

4
(c) Nothing contained in this Contract shall create, nor be interpreted to create, private
or any other relationship whatsoever between the City and any person except the
contractor;

(d) When a word, term, or phrase is used in this Contract, it shall be interpreted or
construed first, as defined herein; second, if not defined, according to its generally
accepted meaning in the industry, and third, if there is no generally accepted
meaning in the industry, according to its common and customary usage;

(e) The Contractor shall have a continuing duty to read, examine, review, compare and
contrast each of the documents which make up this Contract, shop drawings, and
other submittals and shall give written notice to the City of any conflict, ambiguity,
error or omission which the Contractor may find with respect to these documents
before proceeding with the affected work. The express or implied approval by the
City of any shop drawings or other submittals shall not relieve the Contractor of the
continuing duties imposed hereby, nor shall any such approval be evidence of the
Contractor's compliance with this Contract.

(f) However, The City makes no representation or warranty of any nature whatsoever
to the Contractor concerning such documents. The Contractor, again hereby
acknowledges and represents that it has received, reviewed and carefully examined
such documents, has found them to be complete, accurate, adequate, consistent,
coordinated and sufficient for construction, and that the Contractor has not, does
not, and will not rely upon any representations or warranties by the City concerning
such documents, as no such representations or warranties have been or are hereby
made;

(g) In the event of any conflict, discrepancy, or inconsistency among any of the
documents which make up the Contract, the following shall control:

5
(1) As between drawing and specifications, the specifications shall govern;

(2) As between figures given on plans and scaled measurements, the figures shall
govern;

(3) As between this document and the plans or specifications, this document shall
govern.
ARTICLE 5
OWNERSHIP OF DOCUMENTS WHICH MAKE UP THE CONTRACT

The document which make up this Contract, and each of them, as well as any other
documents furnished by the City, shall remain the property of the City. The City shall
provide the Contractor with a sufficient number of copies of the complete Contract as
the City determines necessary. The Contractor shall have the right to keep the
Contractor's executed set; provided, however, that in no event shall the Contractor use,
or permit to be used, any portion or all such Contract on other projects without the
City's prior written authorization. All sets in usable condition, with the exception of the
Contractor's executed set, shall be returned to the City at the completion of the work or
termination of the Contract.
ARTICLE 6
CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the work required, implied or reasonably inferable
for this Contract including, but not limited to the following:

(a) Complete the Project;

(b) The Furnishing of any required surety bonds and insurance.

6
(c) The provision and furnishing, and prompt payment therefor, of labor, supervision,
services, materials, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, fuel, heat, lights, cooling, or other utilities, required
for completion of the project and all necessary building permits and other permits
required for the Project;

(d) The creation and submission to the City of detailed and comprehensive as-built
drawings depicting all as-built construction (if necessary). Said (as-built) drawings
shall be submitted to the City upon final completion of the Project and receipt of
same by the City shall be a condition precedent to final payment to the Contractor.

ARTICLE 7
TIME FOR CONTRACTOR'S PERFORMANCE

(a) The Contractor shall commence the performance of this Contract within ten (10)
calendar days after the Notice to Proceed and shall diligently continue its
performance to and until final completion of the Project (subject to winter
shutdown period if necessary as provided for in Article 8, Paragraph (L)). The
Contractor shall accomplish Substantial Completion of the Project on or before the
dates established pursuant to Paragraph (K) and (L) in Article 8.

ARTICLE 8
PAYMENT TO CONTRACTOR

(a) The City shall pay, and the Contractor shall accept, as full and complete payment
for the Contractor's timely performance of its obligation hereunder, the Contract
sum oCThirteen Thousand One Hundred Fifteen Dollars ($ _13,115.00__).
The price set forth in this Paragraph 8, shall constitute the Contract Price, which
shall not be modified except by a Change Order as provided by this Contract.

7
(b) All contracts in excess of $1,000.00 are subject to RIGL and required by state law
and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing
wage applies Certified payrolls must be submitted on a weekly or by-weekly basis
along with payment requests.

(c) The City shall pay the Contract Price to the Contractor in accordance with the
procedures set forth in this Paragraph 8. On or before the 15th day of each month
after commencement of performance, but no more frequently than once monthly,
the Contractor may submit a Payment Request for the period ending the 31 st day of
proceeding the month. Said Payment Request shall be in such format and include
the City may require. Each Payment Request shall be signed by the Contractor and
shall constitute the Contractor's representation of the quantity of work has reached
the level for which payment is requested. And that the work has been properly
installed or performed in strict compliance with this Contract and that the
Contractor knows of no reason why payment should not be made as requested.
Thereafter, the City shall review the Payment Request and may also review the
work at the Project site or elsewhere to determine whether the quantity and quality
of the work is as represented in the Payment Request and is as required by this
Contract. The City shall approve in writing the amount which, in the opinion of the
City, is properly owing to the Contractor. The payment of the Contractor's invoice
will be made no later than thirty (30) days after the receipt of the invoice.

(d) The City shall retain a percentage of the progress or monthly payment claimed
including approved change orders. The retainage shall remain a ten (10%) percent
until seventy-five (75%) percent of the Contract is complete, as determined by the
City. At that time, if the City decides the Contractor is making adequate progress,
the City may reduce retainage to five (5%) percent of the dollar value of all work
satisfactorily complete to date, including change orders. Any further reductions in
the retainage amount shall be at the City's discretion. The City shall pay the

8
retainage to the Contractor within ninety (90) days of the date the work is accepted
by the City unless a dispute exists with respect to the work.

(e) Upon Substantial Completion, the City may reduce the amount of retainage to the
final retainage of five (5%) percent of the dollar value of all work satisfactorily
completed to date, including approved change orders plus an additional retainage
based on the City's estimate of the fair value of any punch list items and the cost of
completing and/or correcting such incomplete or defective items or work. As these
items are completed, they shall be paid for out of the retainage until Final
Completion and the City declares Acceptance of Work. The final 5% retainage shall
be paid to the Contractor by the City within ninety (90) days of the date the work is
accepted by the City, unless a dispute exist with respect to the work.

(f) Upon final Completion and Acceptance of the Work, the City shall issue a certificate
attached to the final payment request stating that the City under the conditions of
the Contract Documents has accepted the Work. The entire balance to be due the
Contractor shall be paid to the Contractor within ninety (90) days of the Final
Completion and Acceptance of Work.

(g) When payment is received from the City, the Contractor shall immediately pay all
subcontractors, materialmen, laborers, and supplies the amounts they are due for
work covered under such payment. In the event the City becomes informed that
the Contractor has not paid a subcontractor, materialmen, laborers or suppliers, as
provided herein, the City shall have the right, but not the duty to issue future
checks and payments to the Contractor of amounts otherwise due hereunder
naming the Contractor and any such subcontractors, materialmen, laborer, or
supplier as joint payees. Such joint check procedure, if employed by the City, shall
create no rights in favor of any person or entity beyond the right of the named
payee to payment of checks and shall not be deemed to commit the City to repeat
the procedure in the future.

9
(h) Neither payment to the Contractor, utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as
an acceptance of any work of the Contractor not strictly in compliance with this
Contract.

(i) The City shall have the right to refuse to make payment and, if necessary, may
demand the return of a portion or all of the amount previously paid to the
Contractor due to:

(1) The quality of a portion, or all, of the Contractor's work not being in
accordance with the requirement of this Contract;

(2) The quantity of the Contractor's work not being as represented in the
Contractor's Payment Request, or otherwise;

(3) The Contractor's rate of progress being such that, in the City's opinion,
Substantial or Final Completion, or both, may be inexcusably delayed;

(4) The Contractor's failure to use Contract funds, preViously paid the Contractor
by the City, to pay Contractor's Project-related obligations including, but not
limited to, sUbcontractors, laborers, material and equipment suppliers;

(5) Claims made, or likely to be made, against the City or its property.

(6) Loss caused by the Contractor;

(7) The Contractor's failure or refusal to perform any of its obligations to the City.

10
(8) Failure to provide certified payrolls in accordance with Davis Bacon wage
determinations and Rhode Island General Laws.

In the event that the City makes a written demand upon the Contractor for amounts
previously paid by the City as contemplated in this paragraph, the Contractor shall
promptly comply with such demands.

U) When Substantial Completion has been achieved, the Contractor shall notify the
City in writing and shall furnish to the City a listing of those matters yet to be
finished. The City will thereupon conduct and inspection to confirm that the work is
in fact Substantially Complete. Upon its confirmation that the Contractor's work is
Substantially Complete, the City will so notify the Contractor in writing and will
therein set forth the date of Substantial Completion. If the City, through its
inspection, fails to find that the Contractor's work is Substantially Complete, and is
reqUired to repeat all, or any portion, of its Substantially Completion inspection, the
Contractor shall bear the cost of such repeat inspection(s) which cost may be
deducted by the City from any payment then or thereafter due the Contractor.

(k) When the Project is finally complete and the Contractor is ready for final inspection,
it shall notify the City thereof in writing. Thereupon, the City will perform a final
inspection of the Project. If the City confirms that the Project is complete in full
accordance with this Contract and the Contractor has performed all of its
obligations to the City hereunder, the City will furnish a final Approval for Payment
certifying that the Project is complete and the Contractor is entitled to the
remainder of the unpaid Contract Price, less any amount Withheld pursuant to this
Contract. If the City is unable to issue its final Approval for Payment and is
reqUired to repeat its final inspection of the Project, the Contractor shall bear the
cost of such repeat inspection(s), which costs may be deducted by the City from
the Contractor's final payment.

11
(I) The Contractor is to begin work within ten (10) days after the Notice to Proceed
and shall complete the work within 35 consecutive calendar
days. If the Contractor fails to complete the work as set forth in the paragraph
B(l), the Contractor shall pay the City the sum of _One
Hundred Dollars Dollars ($ _100.00 ) per
day for each and every calendar day of unexcused delay in completing the work.
Any sums due and payable hereunder by the Contractor shall be payable, not as a
penalty, but as liquidated damages representing an estimate of delay damages
likely to be sustained by the City, estimated at or before the time of executing this
Contract. When the City is reasonably believes that the date of completion will be
unexcuseable delayed, the City shall be entitled, but not required, to withhold from
any amounts otherwise due the Contractor an amount then believed by the City to
be adequate to recover liquidated damages applicable to such delays. If and when
the Contractor overcomes the delay in achieving completion of the work, or any
part thereof, for which the city has withheld payment, the City shall promptly
release the Contractor those funds Withheld, but no longer applicable, as liqUidated
damages.

(m) The Time for completion noted above has been developed upon assumptions that
the work may be suspended during winter shutdowns if necessary. The Director of
Public Works, in the City of Newport, shall determine winter shutdowns for this
Project. The time period specified for completion of the work in paragraph (k)
above shall be suspended during such winter shutdowns. The Contractor shall plan
on winter shutdown period based upon these dates unless otherwise directed by
the City. The winter shutdown dates are subject to change depending on weather
conditions. The City shall notify the Contractor in writing if there is a change in the
winter shutdown period due to weather, environmental or other conditions, which
preclude the work from being executed in accordance with these documents.

12
(n) Prior to being entitled to receive final payment, and as a condition precedent
thereto, the Contractor shall furnish to the City, in the form and manner required
by the City:

(1) An affidavit that all of the Contractor's obligations to subcontractors, laborers,


equipment or materials suppliers, or other third parties in connection with the
Project, have been paid or otherwise satisfied;

(2) If requested by the City, separate releases of lien or lien waivers from each
subcontractor, lower-tier subcontractor, laborer, supplier or other person or
entity who has, or might have a claim against the City or the City's property;

(3) If applicable, consent(s) of surety to final payment;

(4) All product warranties, operating manuals, instruction manuals, and other
record documents, drawings, and things customarily required of the
Contractor, or expressly required herein, as part of or prior to Project closeout.

ARTICLE 9
MUNICIPAL POLICE TRAFFIC CONTROL

The Cost of Municipal Police Traffic Control shall be paid in accordance with RIGL §37-
12-10. The Contractor shall be responsible for scheduling Municipal Police Officers for
traffic control purposes through the Police Department for the City of Newport. If
traffic control assignments are cancelled without twenty-four (24) hours' notice, the
Contractor is responsible to pay the City of Newport for the hours Police Officers would
have worked, if it had not been for the untimely cancellation of the assignment. The
City at its sole discretion may require such scheduling be pre-approved by the Public
Works Department. The Contractor is responsible for all highway safety equipment for
traffic control purposes including, but not limited to proper signage and traffic cones.

13
ARTICLE 10
CEASE AND DESIST ORDER

In the event the Contractor fails or refuses to perform the work as required herein, the
City may instruct the Contractor to CEASE and DESIST from performing further work in
whole or in part. Upon request of such instruction, the Contractor shall immediately
cease and desist as instructed by the City and shall not proceed further until the cause
of the City's instruction has been corrected, or no longer exists, or the City instructs
that the work resume. In the event the City issues instructions to cease and desist, and
in the further event that the Contractor fails and refuses within seven (7) calendar days
of receipt of same to provide adequate assurance to the City that the cause of such
instructions will eliminate or corrected, then the City shall have the right, but not the
obligation, to carry out the work with its own forces, or with the forces of another
Contractor, and the Contractor shall be fully responsible and liable for the costs of
performing such work by the City. The rights set forth herein are in addition to, and
without prejudice to, any other rights or remedies that the City may have against the
Contractor.
ARTICLE 11
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR

In addition to any and all other duties, obligations and responsibilities of the Contractor
set forth in this Contract, the Contractor shall have and perform the following duties,
obligations and responsibilities to the City:

(a) The Contractor is again reminded of its continuing duties set forth in Subparagraph
4 (e) which are by reference hereby incorporated in this Subparagraph 10 (a). The
Contractor shall not perform work without adequate plans and specifications, or, as
appropriate, approved shop drawings, or other submittals. If the Contractor
performs work knowing or believing it involves an error, inconsistency or omission

14
in the Contract without first providing written notice to the City and the Architect,
the Contractor shall be responsible for such work and pay the cost of correcting
same;

(b) All work shall strictly conform to the requirements of this Contract;

(c) The Work shall be strictly supervised, the Contractor bearing full responsibility for
any and all aspects or omissions of those engaged in the work on behalf of the
Contractor;

(d) The Contractor hereby warrants that all labor furnished under this Contract shall be
competent to perform the task undertaken, that the product of such labor shall
yield only first-class results, that all materials and equipment provided shall be new
and of high quality, that the completed work will be complete, of high quality,
without defects, and that all work strictly complies with the requirements of this
Contract. Any work not strictly complying with the requirements of this
Subparagraph shall constitute a breach of the Contractor's warranty;

(e) The Contractor shall obtain and pay for all reqUired permits, fees and licenses
customarily obtained by the Contractor. The Contractor shall comply with all legal
requirements applicable to the work.

(f) The Contractor shall employ and maintain at the Project site, only competent
supervisory personnel.

(g) The Contractor shall keep an updated copy of this Contract at the Project site.
Additionally, the Contractor shall keep a copy of approved shop draWings and other
submittals. All of these items shall be available to the City at all regular business
hours. Upon final completion of the work, all of these items shall be finally updated
and prOVided to the City and shall be come property of the City.

15
(h) The Contractor shall maintain the Project site in a reasonably clean condition during
performance of the work. Upon final completion, the Contractor shall thoroughly
clean the Project site of all debris, trash and excess materials or equipment.

(i) At all times relevant to this Contract, the Contractor shall permit the City to enter
upon the Project site and review or inspect the work without formality or other
procedure.

(j) All contracts in excess of $1,000.00 are subject to RIGL and required by state law
and CFR-29 to pay state prevailing wage. "The Davis-Bacon" Act and prevailing
wage applies Certified payrolls must be submitted on a weekly or by-weekly basis
along with payment requests.

ARTICLE 12
DUTIES, OBLIGATIONS AND RESPONSIBILITIES OF THE CITY

(a) Except for permit fees, which are the responsibilities of the Contractor, the City shall
secure and pay for necessary approvals, easements, assessments and charges
required for the construction, and services performed pursuant to the Contract.

(b) If the Contractor fails to correct work, which is not in accordance with the
requirements of the Contract, and persistently fails to carry out the work in
accordance with the Contract, the City, by a written letter, may order the Contractor
to stop all work, or any portion thereof, until the cause of such order has been
eliminated; however, the right of the City to stop the work shall not give rise to a
duty on the part of the City to exercise this right for the benefit of the Contractor,
or any other person or entity.

16
(c) Upon completion and acceptance of the work, the City shall issue a certificate
attached to the final payment request that the City under the conditions of the
Contract has accepted the work.

ARTICLE 13
"OR EQUAL" CLAUSE

(a) Whenever a material or article required is specified or shown on the draWings by


using the name of the proprietary product of the particular manufacturer or
vendor, any material or article which will perform adequately the duties imposed by
the general design may be considered equal and satisfactory prOViding the material
or article so proposed is of equal substance and function in the City's opinion. It
shall not be purchased or installed without the City's written approval. In all cases,
new material shall be used in the Project.

(b) If more than one brand, make of material, device, or piece of equipment is shown
or specified, each should be regarded as the equal of the other. Any other brand,
make of material, device or equipment, which in the opinion of the City or its
Authorized Representative, is the recognized equal of that specified (considering
quality, workmanship, and economy of operation), and is suitable for the purpose
intended, may be accepted.

ARTICLE 14
INDEMNITY

The Contractor shall indemnify and hold the City harmless from any and all claims,
liability, damages, loss, cost and expense of every type whatsoever, including, without
limitation, attorney's fees and expenses, in connection with the Contractor's
performance of this Contract, provided that such claims, liability, damages, loss, cost of
expense is due to sickness, personal injury, disease or death, or loss or destruction of

17
tangible property (other than the work itself), including loss of use resulting therefrom,
to the extent caused by the Contractor, or anyone for whose acts the Contractor may
be liable, regardless of whether such liability, claim, damage, loss or expense is caused
in part by the City.
ARTICLE 15
CLAIMS BY THE CONTRACTOR

Claims by the Contractor against the City are subject to the following terms and
conditions:

(a) All Contractor claims against the City shall be initiated by a written claim submitted
to the City. Such claims shall be received by the City no later than seven (7)
calendar days after the event, or the first appearance of the circumstances, causing
the claim, and the same shall set forth in detail all known facts and circumstances
supporting the claim;

(b) The Contractor and City shall continue their performance hereunder regardless of
the existence of any claim submitted by the Contractor.

(c) In the event the Contractor discovers previously concealed and unknown site
conditions which are materially at variance from those typically and ordinarily
encountered in the general geographical location of the Project, the Contract Price
shall be modified, either upwards or downward, upon the written claim made either
party within seven (7) calendar days after the first appearance to such party of the
circumstances. As a condition precedent to the City having any liability to the
Contractor due to concealed and unknown conditions, the Contractor must give the
City written notice of, and an opportunity to observe such condition prior to
disturbing it. Failure by the Contractor to give written notice and make the claim as
provided by this Subparagraph 12(c) shall constitute a waiver by the Contractor of
any rights arising out of or relating to such concealed and unknown condition.

18
(d) In the event the Contractor seeks to make a claim of an increase in the Contract
Price, as a condition precedent to any liability of the City therefor, the Contractor
shall strictly comply with the requirements of Subparagraph 12(a) above, and such
claim shall be made by the Contractor before proceeding to execute any additional
or change work. Failure of the condition precedent to occur shall constitute a
waiver by the Contractor of any claim for additional compensation.

(e) In connection with any claim by the Contractor against the City for compensation in
excess of the Contract Price, any liability of the City for the Contractor's cost shall
be strictly limited to direct cost incurred by the Contractor and shall in no event
include indirect costs or consequential damages of the Contractor. The City shall
not be liable to the Contractor for claims of third parties including subcontractors,
unless and until liability of the Contractor has been established therefor in a court
of competent jurisdiction.

(f) In the event the Contractor shall be delayed in performing any task which at the
time of the delay is then critical, or which during the delay, becomes critical, as the
sole result of any act or omission by the City or someone acting in the City's behalf,
or by City-authorized Change Orders, unusually bad weather not reasonably
anticipatable, fire or other Acts of God, the date for achieving Substantial
Completion, or, as applicable, final completion, shall be appropriately adjusted by
the City upon the written claim of the Contractor to the City. A task is critical within
the meaning of this Subparagraph 12(f), if and only if, said task is on the critical
path of the Project schedule so that delay in performing such task will delay the
ultimate completion of the Project. Any claim for an extension of time by the
Contractor shall strictly comply with the requirements of Subparagraph 12(a)
above. If the Contractor fails to make such claims as required in this Subparagraph
12(f), any claim for an extension of time shall be waived.

19
ARTICLE 16
SUBCONTRACTORS

Upon execution of this Contract, the Contractor shall identify to the City, in writing,
those parties intended as subcontractors on the Project. The City shall, in writing, state
any objections the City may have to one or more of said subcontractors. The
Contractor shall not enter into a subcontract with any intended subcontractor with
reference to whom the City objects. The Contractor shall not award work to a
subcontractor(s) in excess of fifty (50%) percent of the Contract Price, without prior
written approval of the City. All subcontracts shall afford the Contractor rights against
the subcontractor, which corresponds, to those rights afforded to the City against the
Contractor herein. Nothing contained in this Contract shall create any contractual
relation between any subcontractor and the City.

ARTICLE 17
WAGE RATES

(a) There shall be paid to each laborer or mechanic of the Contractor or subcontractor
engaged in the work on the Project under this Contract in the trade or occupation,
an hourly wage rate pursuant to §37-13-7 of the General Laws of the State of
Rhode Island regardless of any contractual relationship which may be alleged to
exist between the Contractor or any subcontractor and such laborers and
mechanics.

(b) If, after the award of the Contract, it becomes necessary to employ any person in a
trade or occupation not classified in the contract, such person shall be paid at not
less than a rate to be determined by the same authority which established the
other wage rates for this Contract. Such approved minimum rate shall be
retroactive to the time of the initial employment of such person in such trade or
occupation. The Contractor shall notify the City of his intention to employ persons

20
in trades or occupations not classified in sufficient time for the City to obtain
approved rates for such trades or occupations.

(c) The foregoing specified wage rates are minimum rates only, and the City will not
consider any claims for additional compensation made by the Contractor because of
payment by the Contractor of any wage rate in excess of the applicable rate
contained in this Contract. The Contractor shall adjust all disputes in regard to the
payment of wages in excess of those specified in this Contract.

(d) Except as may otherwise be required by law, all claims and disputes pertaining to
the classification of labor employed on the Project under this Contract, shall be
decided by the City's governing body or other duly designated official.

ARTICLE 18
CHANGE ORDERS

One or more changes to the work within the general scope of this Contract may be
ordered by a Change Order. The Contractor shall proceed with any such changes, and
the same shall be accomplished in strict accordance with the follOWing terms and
conditions:

(a) Change Order shall mean a written order to the Contractor executed by the City
after execution of this Contract, directing a change in the work and may include a
change in the Contract Price or the time for the Contractor's performance, or any
combination thereof;

(b) Any change in the Contract Price resulting for a Change Order shall be determined
as follows:

21
(1) By mutual agreement between the City and the Contractor as evidenced by (a)
the Change in the Contract Price being set forth in the Change Order, (b) such
change in the Contract Price, together with any conditions or requirements
relating thereto, being initialed by both parties and (c) the Contractor's
execution of the Change Order; or,

(2) If no mutual agreement occurs between the City and the Contractor, the
Change in the Contract Price, if any, shall be derived by determining the
reasonable actual costs incurred or savings achieved, resulting from revisions
in the work. Any such costs or savings shall be documented in the format and
with such content and detail as the City may require.

(c) The execution of a Change Order by the Contractor shall constitute conclusive
evidence of the Contractor's agreement to the ordered changes in the work, this
Contract as thus amended, the Contract Price and the time for performance by the
Contractor. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters
relating to or arising out of or resulting from the work included within or affected
by the executed Change Order.

(d) The Contractor shall notify and obtain the consent and approval of the Contractor's
surety with reference to all Change Orders if such notice, consent or approvals are
required by the City, the Contractor's surety or law. The Contractor's execution of
the Change Order shall constitute the Contractor's warranty to the City that the
surety has been notified of, and consents to, such Change Orders and the surety
shall be conclusively deemed to have been notified of such Change Order and to
have expressly consented thereto.

22
ARTICLE 19
DISCOVERNING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK

(a) In the event that the Contractor covers, conceals or obscured its work in violation
of this Contract or in violation of a directive from the City, such work shall be
uncovered and displayed for the City's inspection upon request, and shall be
reworked at no cost in time or money to the City.

(b) If any of the work is covered, concealed or obscured in a manner not covered by
Subparagraph 15(a) above, it shall, if directed by the city, be uncovered and
displayed for the City's inspection. If the uncovered work conforms strictly to this
Contract, the cost incurred by the Contractor to uncover and subsequently,
replaces such work shall be borne by the City. Otherwise, such costs shall be
borne by the Contractor.

(c) The Contractor shall, at no cost in time or money to the City, correct work rejected
by the City as defective or failing to conform to this Contract. Additionally, the
Contractor shall reimburse the City for all testing, inspection and other expenses
incurred as a result thereof;

(d) In addition to its warranty obligations set forth elsewhere herein, the Contractor
shall be specifically obligated to correct any and all defective or nonconforming
work for a period of twelve (12) months following final completion upon written
direction from the City.

(e) The City may, but in no event be reqUired to, choose to accept defective or
nonconforming work. In such event, the Contract Price shall be reduced by the
greater of (1) the reasonable cost of removing and correcting the defective or
nonconforming work, and (2) the difference between the fair market value of the
Project as constructed and the fair market value of the project had it not been

23
constructed in a manner as to include defective or nonconforming work. If the
remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor
shall, upon written demand from the City, pay the City such remaining
compensation for accepting defective or nonconforming work.

ARTICLE 20
TERMINATION BY THE CONTRACTOR

If the City repeatedly fails to perform it material obligations to the Contractor for a
period of thirty (30) days after receiving written notice from he Contractor of its intent
to terminate hereunder, the Contractor may terminate performance of his Contract by
written notice to the City. In such event, the Contractor shall be entitled to recover
from the City as though the City has terminated the Contractor's performance under
this Contract for convenience pursuant to Subparagraph 18(a) hereunder.

ARTICLE 21
CITY'S RIGHT TO SUSPEND CONTRACOR'S PERFORMANCE

(a) The City shall have the right at any time to direct the Contractor to suspend its
performance, or any designated part thereof, for any reason whatsoever, or
without reason, for a cumulative period of up to thirty (30) calendar days. If any
such suspension is directed by the City, the Contractor shall immediately comply
with same;

(b) In the event the City directs a suspension of performance under this paragraph 21,
through no fault of the contractor, the City shall pay the Contractor as full
compensation for such compensation the Contractor's reasonable cost, actually
incurred as paid, of:

24
(1) demobilization and remobilization, including such costs paid to sUbcontractors;

(2) preserving and protecting work in place;

(3) storage of material or equipment purchased for the Project, including


insurance thereon;

(4) Performing in a later or during a longer time frame than that contemplated by
this Contract.
ARTICLE 22
TERMINATION BY THE CITY

The City may terminate this Contract in accordance with the following terms and
conditions:

(a) The City may, for any reason whatsoever, terminate performance under this
Contract by the Contractor for convenience. The City shall give written notice of
such termination to the Contractor specifying when termination becomes effective.
The Contractor shall also terminate outstanding orders and subcontracts. The
Contractor shall settle the liabilities and claims arising out of termination of
subcontracts and orders. The City may direct the Contractor to assign the
Contractor's right, title and interest under termination orders or subcontracts to
the City or designee. The Contractor shall transfer title and deliver to the City
such completed or partially completed work and materials, equipment, parts,
fixtures, information and Contract rights as the Contractor has. When termination
for convenience, the Contractor shall be compensated as follows:

(1) The Contractor shall submit a termination claim to the City specifying the
amount due because of termination for convenience together with cost,
pricing or other data required by the City. If the Contractor fails to file a

25
termination claim within one (1) year from the effective date of termination,
the City shall pay the Contractor, an amount derived in accordance with
Subparagraph (3) below:

(2) The City and the Contractor may agree to the compensation, if any, due to
the Contractor hereunder;

(3) Absent agreement to the amount due the Contractor, the City shall pay the
Contractor the following amounts:

a) Contract prices for labor, materials, equipment and other services


accepted under this Contract;

b) Reasonable costs incurred in preparing to perform and in performing


the termination portion of the work, and in termination the Contractor's
performance, plus a fair and reasonable allowance for job-site overhead
and profit thereon (such profit shall not include anticipated profit or
consequential damages); provided however, that if it appears that the
Contractor would not have profited or would have sustained a loss if the
entire Contract would have been completed, no profit shall be allowed
or including and the amount of compensation shall be reduced to reflect
the anticipated rate of loss, if any;

c) Reasonable cost of settling and paying claims arising out of the


termination of subcontracts or orders pursuant to Subparagraph 18(a)
of this Contract. These Costs shall not include amounts paid in
accordance with other provisions hereof.

(4) The Total sum to be paid the Contractor under this Subparagraph 18(a), shall
not exceed the total Contract Price as properly adjusted, reduced by the

26
amount of payments otherwise made, and shall in no event, include
duplication of payments.

a) If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper
equipment or materials, or if it fails to timely discharge its obligations for
labor, equipment, and materials, or proceeds to disobey applicable law, or
otherwise commits a violation of a material provision of this Contract, then
the City, in addition to any rights it may have against the Contractor or
others, may terminate the performance of the Contractor and assume
possession of the Project site and of all materials and equipment at the site
and may complete the work. In such case, the Contractor shall not be paid
further until the work is complete. After final completion has been achieved,
if any portion of the Contract Price, as it may be modified hereunder, remains
after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such
remainder shall belong to the Contractor. Otherwise, the Contractor shall pay
and make whole the City for such costs. This obligation for payment shall
survive the termination of the Contract. In the event the employment of the
Contractor is terminated by the City for cause pursuant to this Subparagraph
18(b) and is subsequently determined by a Court of competent jurisdiction
that such termination was without cause, such termination shall thereupon be
deemed a Termination for Convenience under Subparagraph 18(a) and the
provision of Subparagraph 18(a) shall apply.

27
ARTICLE 13
INSURANCE

The Contractor shall carry and maintain the following insurance coverage at his own
expense:

(a) All insurance for this Contract shall be written by a company (or companies)
acceptable to the City and all policies or certificates shall be submitted to the City
for examination prior to commencement of operations by the Contractor. In the
event any policy or certificate, the amount of insurance, or company writing it, is
not satisfactory to the City, the Contractor shall secure other policies or certificates
in form and amount with a company satisfactory to the City. The Contractor shall
not permit policies to be changed, cancelled, or to lapse and all policies shall
include a clause to the effect that the policy shall not be subject to cancellation of
a reduction in the limits of liability or amounts of insurance until notice has been
sent by mail to the City stating when, (not less than thirty (30) days thereafter)
such cancellation or reduction shall be effective. All certificates of insurance shall
be delivered to the City and contain true transcripts for the policy or policies
authenticated by the proper officer of the insurer evidencing in partiCUlar, those
insured, the extent of the insurance, the location and operation to which the
insurance applies, the expiration date and the above mentioned notice as to the
location and operations involved.

If any part of the work is sublet, similar insurance shall be proVided by or in behalf
of the subcontractor to cover their operations. The Contractor shall be charged
with the responsibility for insurance protection for all his subcontract operations
and should the Contractor's policy not cover each and every subcontractor,
certificates of insurance acceptable to the City covering each and every
subcontractor shall be filed with the City prior to the commencement of
subcontract operations.

28
(b) Contractor's Liability Insurance.
Liability insurance shall include all major divisions of coverage and be on a
comprehensive general liability basis including:

Premises - Operations (including X-C-U)


Independent Contractor's Protective
Products and Completed Operations
Blanket Contractual
Owned, Non-owned and Hired Motor Vehicle
Broad Form Coverage for Property Damage (including explosion, collapse, and
underground)

(c) The insurance required by this Subparagraph (b) shall be written for not less that
the following, or grater if required by Law:

(1) Worker's Compensation:


a. State of Rhode Island - Statutory
b. Employer's Liability

(2) Comprehensive General Liability (including Premises Operations; Independent


Contractor's Protective; Products and Completed Operations, Broad Form
Property Damage);

a. Bodily Injury:
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate

b. Property Damage
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate

29
c. Products and Completed Operations to be maintained for one (1) year
after final payment.

d. Property Damage Liability will provide X, C, or U coverage as applicable.

(3) Contractor's Liability:

a. Bodily Injury:
$1,000,000 - Each Occurrence

b. Property Damage:
$1,000,000 - Each Occurrence
$1,000,000 - Annual Aggregate

(4) Personal Injury, with Employment Exclusion deleted:


$1,000,000 - Annual Aggregate

(5) Comprehensive Automobile Liability:

a. Body Injury:
$500,000 - Each Occurrence
$1,000,000 - Each Occurrence

b. Property Damage:
$1,000,000 - Each Occurrence

(6) Property Insurance


The Contractor shall purchase and maintain property insurance upon the
entire Work site to the full insurable value thereof. This insurance shall
include the interests of the City, the Contractor, and Subcontractors and shall

30
insure against the perils of fire and extended coverage and shall include "ALL
RISK" insurance for physical loss or damages including, without duplication
of coverage, theft, vandalism and malicious mischief.

a) Insurance Covering Special Hazards:


Special Hazards shall be covered by rider or riders to the Public Liability
and Property Damage Insurance policy or policies herein above required
to be furnished by the Contractor or by separate policies of insurance in
the amounts stated in Paragraph 5(c).

(1) Property Damage Liability arising out of the collapse of or injury to any
building or structure due to excavation (including burrowing, filling or back-
filling in connection therewith), tunneling, pile driving, cofferdam work or
caisson work; or moving, shoring, underpinning, razing, or demolition of any
building or structure, or removal or rebuilding of any structural support
thereof.

(2) Property Damage Liability for injury to or destruction of property arising


directly or indirectly from blasting or explosions, however caused, other than
explosions of air or steam vessels, piping under pressure, prime movers,
machinery, or power transmitting equipment.

(3) Property Damage Liability for injury to destruction of wires, condUits, pipes,
mains, sewers, or other similar property, or any apparatus in connection
therewith below the surface of the ground arising form and during the use of
mechanical equipment for the purpose of excavating or drilling within project
limits; injury to or destruction of property at any time resulting therefrom.

(4) The Contractor shall require similar insurance in such amounts to be taken
out and maintained by each and every Subcontractor.

31
(d) "ALL RISK" Insurance:
The Contractor shall require and maintain "ALL RISK" type Builder's Insurance.
This insurance shall be in an amount equal to 100% of the insurable portion of
the Project, and shall be for the benefit of the City, the Contractor and each
Subcontractor as their interest may respectively appear.

ARTICLE 24
SURETY BONDS

The Contractor shall be licensed to do business in the State of Rhode Island and
shall furnish separate performance and payment bonds to the City. Each bond
shall set forth a penal sum in the amount of not less than the Contract Price.
Each bond furnished by the Contractor shall incorporate by reference the terms of
this Contract, as fully as through they were set forth verbatim in such bonds. In
the event the Contract Price is adjusted by Change Order executed by the
Contractor, the penal sum of both the performance bond and the payment bond
shall be deemed increased by that amount. The performance and payment bonds
furnished by the Contractor shall be in the form suitable to the City and shall be
executed by a surety, or sureties, reasonably acceptable to the City.

ARTICLE 25
PATENTS

The Contractor shall pay all applicable royalties and license fees. The Contractor
shall defend all suites or claims for infringement of any patent rights, and save the
City harmless from loss on account thereof, except that the City shall be
responsible for any such loss on when a particular process, design, or product of a
manufacturer(s) is specified. However, if the Contractor has reason to believe
that the design, process or product specified is an infringement of a patent; the

32
Contractor shall be responsible for such loss unless the Contractor promptly gives
such information to the City.

ARTICLE 26
APPRENTICES

Apprentices shall be permitted to work only under a bona fide apprenticeship


program registered with a State Apprenticeship Council, which is recognized by
the Federal Committee of Apprenticeship, United States Department of Labor; or if
no such Council exists in a State, under a program registered with the Bureau of
Apprenticeship, United States Department of Labor.

ARTICLE 27
ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder, without the written consent of the City.

In case the Contractor assigns all or any part of any monies due or to become due
under this Contract, the instrument of assignment shall contain a clause
substantially to the effect that is agreed that the right of the assignee in and to
any monies due or to become due to the Contractor shall be subject to prior
claims of all persons, firms or corporations for services rendered or materials
supplied for the performance of the work called for in this Contract.

ARTICLE 28
APPLICABLE LAW

The Law is hereby agreed to be the law of the State where the Project is situated.

33
ARTICLE 29
SUCCESSORS AND ASSIGNS

Each party binds itself, its successors, assigns, executors, administrators, or other
representatives to the other party hereto and to successors, assigns executors,
administrators or other representatives of such party in connection with all terms and
conditions of this Contract.

CITY CONTRACTOR

The City of Newport


City Hall
43 Broadway
Newport, RI 02840

By: By:

(Signature) (Signature)

, Mayor
(Printed Name and Title) (Printed Name and Title)

(Date of Execution) (Date of Execution)

Approved as to legal form and sufficiency:


Joseph J. Nicholson, JR. City Solicitor

34
Communication # 4763/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitauo F e be of the City Conucil
From: Edward F. Lavallee, City Manage.
Date: October 4, 2010
Subject: Newport Couuty Fuud "Commou Ground" Grant Application- ExpalldHealthy
Communities Demonstration Grant Project
Staff Presentation: SlIsan Cooper, Director of Recreation

RECOMMENDATION:

To apply for a "Common Ground" grant for $25,000 from the Newport County Fund to expand the impact of the 2010
"ACHIEVE" Healthy Communities Demonstration grant received by the City of Newport. This partnership development
project will build on and expand the existing efforts of the Community Health Action and Response Team (CHART),
Newport Hospital, Newport Public Schools and the Newport School Committee's wellness committee. The emphasis
will be to introduce a unified effort to create policy, system and enviromnental changes to reduce chronic disease
countywide by increasing "healthy options".

BACKGROUND AND FINDINGS:

Newport was named one of 10 communities receiving the NRPA "Healthy Communities" grant funding in 2010. The
Action Communities for Health, Innovation and Enviromnental Change (ACHIEVE) grant, is building on community
efforts and collaborations to address chronic disease risk factors of physical inactivity, poor nutrition, and tobacco use in
Newport. The new grant application builds on this established partnership to expand its work into a greater collaboration
effort. The purpose is to establish common assets and risk factors among all the county communities. If a policy is to be
effective, it will be much more effective if it's duplicated in the neighboring communities. The $25,000 grant does not
require a match except for in-kind services. The funding is for 1 year, and if the planning efforts are successful,
additional grants will be solicited to provide technical support and in measuring outcomes for a total of 3 years.

PREVIOUS LEGISLATIVE ACTION


Resolution #2010-33 dated February 24,2010 - "ACHIEVE" Healthy Communities Demonstration Grant
Resolution #2010·128 dated August 25, 2010· Playful City USA

FISCAL IMPACT

_ Currently Budgeted (Account -') _ Requires additional appropriation .le No Fiscal Impact
Existing staff services only as in-kind match

SUPPORTING DOCUMENTS
Resolution - Common Ground grant application
ACHIEVE Healthy Communities· Newport background information
Newport County Fund Grant Application Information

Finance Dept Review: Date By: - - - - (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
No ..

WHEREAS, the City of Newport has been recognized


in 2010 with an "ACHIEVE" Healthy
Communities Demonstration Grant by the
Centers for Disease Control, and as a
"Playful City USA" Community;

WHEREAS, the City of Newport has been recognized


in the past, as a "Step Up to Health"
community; and an AARP Livable
Community; and

WHEREAS, the "Common Ground" grant program of


the Rhode Island Foundation, Newport
County Fund, offers an opportunity to
engage neighboring communities in an
effort to share the positive results of
healthy lifestyle choices, model best
practices, and create an effective
regional approach to develop sustainable
policies and environment for youth and
families. NOW HEREFORE BE IT

RESOLVED: that the City Council supports the City


Administration's grant application for
funding through the Rhode Island
Foundation's Newport County Fund for a
"Common Ground grant" to expand the
efforts of the "ACHIEVE" Healthy
Communities Demonstration Project to
provide support county-wide for policy,
system, and environmental changes and that
the Mayor is authorized to sign any
documents deemed necessary for said award,
upon review of the City Solicitor's
office, on behalf of the City

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
Newport County Fund:
Common Ground Grants
This new initiative promotes regional collaboration by encouraging organizations to identify common
ground in meeting the diverse needs of Newport County. Common Ground grants will support creative
collaborative projects that cross institutional boundaries and the borders of Newport County's six cities
and towns. This program seeks projects that take advantage of regional relationships to build stronger
organizations through collaboration across Newport County.

NCF will consider proposals for project collaborations in six sectors: arts and culture, community and
economic development, education, environment, health, and human services or other area of
demonstrated need. Projects adopting a multi-sector focus are strongly encouraged.

In awarding these grants, NCF is looking for opportunities to foster innovation and achieve
organizational efficiencies in the design and delivery of a variety of programs and services. Proposals
that reduce duplication of service and provide strategies for long-term sustainability will be given special
consideration.

The application deadline is October 14, 2010.

Eligibility

This competitive grants program provides support for the planning and implementation of collaborative
projects for nonprofit, 501(c) organizations and municipal departments located and operating in
Newport County. Awards will be made to one organization in the partnership to support the program
collaboration. Grants will range from $20,000-$50,000. NCF expects to award three to five grants from
this program in 2010.

Eligible projects must include:

• Partnership between 2 or more unaffiliated organizations


• Evidence of a demonstrated commitment to collaborative ways of working or regional
approaches to community issues or needs
• Work may be focused in one sector or mUltiple sectors
• Serve one Newport County community or mUltiple communities
• Public program component to share project concept or outcomes with the community

Successful applications will demonstrate:

• Alignment with NCF's mission


• Focus on a significant problem or opportunity in the county
• Innovation in approach or project design
• Capacity and leadership to complete the proposed work
• Measurable results
• A plan for long-term sustainability where relevant

The Newport County Fund does not fund individuals or scholarships, capital or endowment efforts,
medical research, debt reduction, fund raising events, or campaigns to elect candidates to public office.
Grants may support faith-based organizations for secular programs or projects.

As a Foundation-established fund with geographic focus, the Newport County Fund awards grants that
serve to supplement, not replace, the Foundation's current statewide grantmaking programs. Grant
support from NCF will not reduce eligibility to apply to The Rhode Island Foundation for other grant
support.

Grants are awarded annually, on a year-to-year basis. Successful projects may reapply for additional
funding, but NCF does not make multi-year commitments.

Please note: Projects that previously have received support from the Foundation must submit interim
or final reports before the Newport County Fund can award a new grant.
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCil

WHEREAS, the National Recreation and Park


Association (NRPA) has recently
awarded the City of Newport a 2010
"ACHIEVER Healthy Communities
Demonstration Grant in the amount of
$35,000.00; and

WHEREAS, the "ACHIEVER Healthy Communities


Demonstration Grant Program provides
three years of support for policy,
system, and environmental changes that
will strengthen a coalition of
community partners and develop and
implement a community action plan to
address chronic disease risk factors.
-NOW THEREFORE BE IT
RESOLVED: that the City Council receives the
NRPA 2010 ACHIEVE Healthy Communities
grant and that the Mayor is authorized
to attend any pertinent programs and
to sign any documents deemed necessary
for said award, upon review the City
Solicitor's· office, on behalf of the
City.

IN COUNCIL
READ AND PASSED
~Abruary 24, 2010
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL

WHEREAS, the City of Newport has been


recognized in 2010 as a "playful City
USA" Community; and
WHEREAS, the City of Newport has also been
recognized in 2010 with an "ACHIEVE"
Healthy Communities Demonstration
Grant; and
WHEREAS, the City of Newport has been
recognized in the past, as a "step Up
to Health" community by the National
Recreation & Parks Association; and
national AARP as a Livable
Community; and Sports Illustrated's
50 th anniversary "Sports Town USA"
for Rhode Island; and
WHEREAS, a "Carol White PE-Bet' cha Can" grant
has been awarded to the Newport Public
Schools to increase daily physical
activity & nutrition. NOW THEREFORE BE
IT
RESOLVED: that the City Council supports the
national designation as a 2010
"Playful City USA" and mobilize the
existing community resources to insure
access to children's play and that the
week of September 18 - September 26,
2010 will be known as Newport's
Outdoor Play Week cUlminating with a
communitywide "Celebration of Play".
IN COUNCIL
READ AND PASSED
August 25, 2010
Communication # 4764/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeanne-Marie Napolitano & Members of the City Council
From: Edward F. Lavallee, City Manager ~i ."
Date: October 1,2010 (J'" ..
Subject: CSO Stakeholders Workgroup
Staff Presentation: Julia A. Forgue, Director of Utilities

RECOMMENDATION:

The formation of the CSO Stakeholders Workgroup was approved per Resolution No 2010-120. The Department has
solicited members from the various interest groups and present for Council approval the requests for membership
received to date.

BACKGROUND AND FINDINGS:

At the Council Workshop on the CSO Program held June 2, 2010, CH2M Hill presented an outline for forming a
Stakeholders Workgroup to assist with public outreach as we proceed with implementing the CSO Long Term Control
Program. In the presentation on June 2nd the makeup of the workgroup was suggested in order to have a good cross
section of representation. Council Resolution No. 2010-120 also added additional liaisons for the workgroup.

The names that have been submitted to represent the various CSO Stakeholder Workgroup interest groups are presented
on the attachment for City Council approval.

The representatives from the following interest groups are stillbeing solicited: .

Alliance for a Livable Newport


Business Representative
Fishing Industries
Marine Industries
Newport and Bristol County Convention & Visitors Bureau
EPA
Save the Bay

PREVIOUS LEGISLATIVE ACTION


Resolution 20 I0-120

FISCAL IMPACT
_ Currently Budgeted (Account )_ Requires additional appropriation ..lL No Fiscal Impact

SUPPORTING DOCUMENTS
Listing of prospective workgroup members

Finance Dept Review: Date By: _ (if applicable)


City of Newport
CSO Program Stakeholder Workgroup
Proposed Representatives and Alternates
October I, 2010

GROUP REPRESENTATIVE ALTERNATE

Ad Hoc Committee Raymond Smedberg Dave McLaughlin

Beach Commission Charles Wright Kathleen Shinners

City of Newport:
Dept. of Public Services William Riccio Eric Earls
Dept. of Planning Paige Bronk William Hanley
Harbormaster Timothy Mills

Naval Station Newport James Carlson William Monaco

Newport County Chamber


of Commerce Jody Sullivan Ed Lopes

Rhode Island Department of


Environmental Management Eric Beck Angelo Liberti

Roger Williams University,


School of Engineering Gilbert Brunnhoeffer B. Gokhan Celik

Town of Middletown Shawn Brown Tom O'Loughlin

City Resident-at-Iarge (2 representatives) the following have applied:

Stuart K. Mills, Jr., 6 Champlin Place


Roger Slocum, 7 Alpond Drive
Thomas Cornell, 2A Gibbs Avenue
CITY OF NEWPORT
RESOLUTION
OF
THE COUNCIL

NO.2010-120

WHEREAS, the City of Newport awarded a contract to CH2M Hill,


Inc. for Professional Services as Program Manager for
Implementation of the City's Combined Sewer Overflow
(CSO) Long Term Plan pursuant to City pursuant to
Resolution #2010-27;and
WHEREAS, a Task requested per the Contract is for CH2M Hill,
Inc. to assist the City with public education
activities associated with the CSO Long Term Plan and
assist the City with the formation of a stakeholders;
and
WHEREAS, CH2M Hill, Inc. presented a suggested makeup with a
broad cross secti.on of representation of a
Stakeholders Workgroup for the City's CSO Long Term
Control Program at the June 2, 2010 City Council
Workshop • NOW THEREFORE BE IT

RESOLVED: that the recommendation as presented at the June 2,


2010, workshop for the formation of the CSO
Stakeholders Workgroup by City Administration is
approved and will include a liaison from the City
Council and, among others, representatives of the Beach
Commission and fishing industry. AND BE IT FURTHER
RESOLVED: that final approval of the CSO Stakeholders Workgroup
membership· shall be made by the City Council.

IN COUNCIL
READ AND PASSED
Augu",t 11,2010,
Communication # 4765/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitauo ~~s of the City Couucil
From: Edward F. Lavallee, City Mauagett'u
Date: October 1, 2010
Subject: Award of Bid # B-OB- Thames St. Sanitary Sewer Interceptor Rehabilitation
Staff Preseutatiou: Jnlia A. Forgue, Director of Utilities

RECOMMENDATION:
The Department of Utilities staff recommends the award of the construction contract for the base bid for the Thames
Street Sanitary Sewer Interceptor Rehabilitation to the lowest responsive bidder, Spiniello Companies, Livingston, NJ
for the base bid of $4,299,984.00 and Added Alternate of $50,000. An allowance of $1 00,000.00 for Police Details was
included in the bid documents however this will be paid for directly by the City. The total recommended expenditure for
this project shall be $4,449,984.00. Funding for this project will be provided by the Clean Water State Revolving Loan
Funds (SRF).

BACKGROUND AND FINDINGS:


The Thames St. Sanitary Sewer Interceptor Rehabilitation - Proj. # 11-0 II entails the slip lining of approximately 6200
LF of existing "egg shaped" brick gravity sanitary sewer; identification and reconnection of active services;
rehabilitation and coating of existing manholes; replacement of manhole frames and covers; installation of new
manholes; and restoration of disturbed roadway surfaces (asphalt and cobblestone). The project limits are in Thames
Street from Touro Street to Morton Avenue. During the project the coutractor is responsible for maintaining existing
sewer services with by pass pumping as necessary. The Contractor is also required to implement controls and utilize
appropriate measures to mitigate noise and odors. Vehicle access shall be maintained along Thames St. at all times
during the work. Pedestrian access to residential, retail, restaurants and businesses shall be maintained at all times. Five
access manholes along Thames Street are proposed and have been identified in the contract documents for the slip lining
process in order to provide the largest work area possible for the Contractor while minimizing impact to daily activities
along Thames Street. The Contractor shall also verify that connections to the interceptor are sanitary sewer laterals prior
to reconnection after slip lining. The Specifications require all work to be completed by May 1,2011. Included in the
bid proposal is an alternate item for an accelerated completion by April I, 2011. The specifications allows the
Contractor to mobilize immediately after execution of the contract to begin the necessary surveying and measuring for
fabrication of the liner, cleaning of the sewer, lateral testing, and removal of abandoned pipe crossings in preparation for
the slip lining. However, the specifications require no work of any nature to be conducted in Thames St. between Touro
St. and Hammond St. from November 25,2010 through January I, 2011. The actual slip lining process will begin in
January 20 II and proceed north to south along Thames St.

The City solicited bids from utility contractors for the Thames Street Sanitary Sewer Interceptor Rehabilitation Project
and four (4) bids were received. Upon opening of the bids, the City's design engineer, CH2M Hill reviewed the unit
prices and qualification documentation provided. CH2M Hill's detailed Bid Summary is attached.

Based on the conclusions from the review of the bids and qualification documentation provided it is recommended that
the contract for the project be awarded with the Added Alternate to Spiniello Companies as the lowest responsible and
responsive bidder.

PREVIOUS LEGISLATIVE ACTION - n/a


FISCAL IMPACT
X Currently Budgeted (Ace!: 10-190-5000-50440/Activity I04322)_Requires additional appropriation No Fiscal
Impact

SUPPORTING DOCUMENTS
Resolution
Bid tabulation
CH2M Hill Bid Summary
Corporate Information

Finance Dept Review: :!ll£ Date By: _;~~'---_ (if applicable)


THE CITY OF NEWPORT

RESOLUTION
OF THE
COUNCIL
No .

WHEREAS: The City of Newport requested Sealed Bids for


Thames Street Sanitary Sewer Interceptor Rehabilitation,
Bid # 11-011. Bids were received on 24 Sep 2010.

WHEREAS: Award has been recommended to the lowest,


most responsive bidder being Spiniello Companies of
Livingston, NJ, for their Base Bid of $4,399,984 and the
Added Alternate of $50,000. Total bid price of Spiniello
Companies was $4,449,984. An allowance of $100,000 for
Police Details was included in the bid documents; however
this cost will be paid directly by the City. Accordingly, the
total bid award for Spiniello will be $4,349,984 and the
total project cost will be $4,449,984.

NOW THEREFORE, BE IT RESOLVED: That the bid of


Spiniello Companies of Livingston, NJ, is hereby accepted
at a total not to exceed (NTEl cost of $4,349,984 and the
Mayor is authorized to sign said contract on behalf of the
City, subject to favorable review by the City Solicitor.

IN COUNCIL
READ AND PASSED

Kathleen M. Silvia
City Clerk
TABLE 2: BID TABULATION
CiTY OF NEWPORT, RI • THAME
Contract: 11·011 Metra Industries, Inc.
Bid Date: September 241 2010

ITEM IDESCRIPTlDN PRICE TOTAL PRICE


'tHI\Ml;$'$tR..etsANltMY,INtl;R 7~ Or :,'t':r,t':,,',
1 Mobilization/Demobilization $400,000,00 $400,000.00
2 Furnishing and Installing Sliplin $824,00 $5,067,600.00
Rehabilitating and Installing Me
3 Manhole Chimneys $6,000.00 $222,000.00

Furnishing and Installing 60-lnc


4 Pits). Includes frames and cove $10,000.00 $50,000.00
Furnish and Install and Manhol
5 Reinforcing Slab on Existing M $7,500.00 $270,000,00
Rehabilitate and Install Mono~~
Manholes SMH-87-23.1 and S
6 SMH-110-44 and SMH-110-46 i $915.00 $73,200.00
Furnishing, Installing, Maintaini
7 Temporary Odor Control Syste $25,000.00 $25,000.00
Providing Site Restoration (Pav
8 Sod, Other) $15,000.00 $15,000.00

9 Furnishing and Maintaining Tra $5,000.00 $5,000.00


10 Uniformed Police Seculity Data $50 $100,000.00
Cut and Remove Interfering Ab
11 Repair anf Grout Sewer $3,500.00 $87,500.00
Furnishing and Connecting Exi
12 Rehabilitated Sewer Intercepto $5,000.00 $200,000.00
Providing and Performing Loca
13 Active Service Connections $850.00 $297,500.00
14 Service Connection Dye Tastin $500.00 $25,000.00
Furnishing and Installing Active
(Including Removal of Protrusio
15 Sealing) $4,500.00 $1,260,000.00
16 Unknown Sewer Crossing Uti tit $2,600.00 $15,600.00
Furnlshlng and Installing or Re
17 Relocating Existing Utilities $100,000 $100,000,00

18 Furnish and install stop log gat $7,500.00 $30,000.00


BASE BID SUB.TOTAL $8,243,400.00
ApP~pA~r~RNATE:::'<' 'V>"~
1 Final Completion by April 1, 20 $400,000.00
ADDED ALTERNATE SUB·TO $400,000.00

CONSTRUCTION TOTA $8,643,400.00


NOTES
(1) - Zappa's total price for
(2) - Spiniello's total price fa
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

Thames Street Sanitary Sewer Interceptor Rehabilitation


(Project #11-011) Bid Summary
TO: Julia Forgue, P.E.fCity of Newport, Director of Utilities
FROM: Peter von Zweck/ CH2MHILL Mike Stickley/ CH2M HILL
COPY: Becky Weig/CH2M HILL Brian Gackstatter/CH2M HILL
Bethany Leavitt/CH2M HILL
DATE: October 1, 2010
SUBJECT: Bid Evaluation and Reference Checks

CH2M HILL has completed a preliminary review of the bid documents and references
submitted by Spiniello Companies, Boyer, Inc., Metra Industries, and R. Zoppo Corporation for
the Thames Street Sanitary Sewer Interceptor Rehabilitation project. Bid reference checks are in
progress. Our findings are summarized below.
Bid Summary
At 2:00 PM on September 24, 2010, four bids received by the City's procurement office were
opened for the Thames Street Sanitary Sewer Interceptor Rehabilitation project.
The City announced that it was 2:00 PM and that the bid period had closed. The City opened
each bid and read aloud the Total Base Bid and Accelerated Project Completion Bid for each
bidder. The City announced that the apparent low Total Base Bid was Spiniello Companies. A
summary of the base bid and total bid results are presented in Table 1 below.
Table 1 - Summary of Total Base Bid and Accelerated Project Completion Bid
Accelerated
Project Total Base Bid +
Completion Accerated Project
Bidder Total Base Bid Bid Completion Bid Rank
Metra Industries $8,243,400.00 $400,000.00 $8,643,400.00 4th
R. Zoppo
Corporation" $7,574,350.00 $600,000.00 $8,174,350.00 3rd
Boyer, Inc. $5,841,050.00 $307,501.00 $6,148,551.00 2nd
Spiniello 1st, Apparent
Companies2 $4,399,984.00 $50,000.00 $4,449,984.00 Low
,
1 Zappo s pnce for Item No. 12 was corrected to match the quantIty and umt prtce shown on the bId form.
2 Spiniello' 5 total price for Item 14 was corrected to match the unit price provided in words.

After the bids were read, a preliminary check of each bidder's package was performed to
determine if they provided all the required forms with their bids. After reviewing each

THAMES_STREET~EHABIUTATION_BJD~EV(EW_FINAL(2)
COPYRIGHT 2010 BY CH2M HILL, INC•• COMPANY CONFIDENTIAL
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

package, the City reported that it appeared that each bidder included the required forms with
their bid. Table 2 attached to this document provides the bid submittal checklist used to
determine conformance with the Contract Documents' required bid submittals.
Spiniello Companies submitted the lowest bid and provided a substantially complete bid
package. In addition to the required bid submittals, Spiniello Companies also provided
financial statements that included an independent auditor's report prepared by Leaf, Saltzman,
ManganeIIi, Pfeil & Tendler, LLP, who reviewed the company's balance sheets for 2008 and
2009. The financial statements were found to conform with generally accepted accounting
principles.
Review of Bid Amounts
Review of the base and alternate bids submitted for the project confirm that the range is broad-
but the differences may be attributed to the rehabilitation products and installation methods
inherent in each contractor's bid documents. As compared to the other bidders, Spiniello
Companies Total Base Bid was approximately 25% lower than the 2nd ranked bid and 47% lower
than the high bid. The two high bids are based on the use of an Ameron product. The 2nd ranked
bidder proposes to use a Danby Pipe Renovation ™ polyvinyl chloride liner system. Spiniello
Companies proposes to use a Channeline™ glass fiber reinforced polyester lining system. The
unit prices for work items listed in the bid form were also reviewed. This review found
variances that can be attributed to the selected lining technology. For example, the Danby
system can be installed through existing manholes. Correspondingly the bid using this system
contained the lowest price for Item 3, Furnishing and Installing 6O-inch Manholes (at Insertion Pits).
In contrast, the price for the Channeline™ and Ameron products which require excavation of a
trench 20 to 30-feet in length, were significantly higher. With the exception of Zoppo's $lM bid
for Item 8, Site Restoration, the bids appeared to be both responsive and balanced.
Review ofPipeline Rehabilitation Systems
The technical requirements for the Thames Street project are based on evaluation of CCTV
inspections and a significant public involvement program. Correspondingly, requirements are
included in the bid documents to address engineering, operations, and social concerns. The
rehabilitation method specified in the documents is sliplining. This technology provides a
comprehensive long-term solution while minimizing (relative to other technologies) impacts to
adjacent property owners and the community in general.
Sliplining technologies allowed by the specifications include both glass fiber reinforced polymer
mortar pipe (GRPM) and spiral wound polyvinyl chloride system (spiral wound) systems. The
GRPM systems listed by name in the Contract Documents include Ameron and Hobas Pipe
USA. The spiral wound systems named include Sekisui America and Danby. The Contract
Documents do not list all product manufacturers but they do include provisions for "equals" to
these products.
Although the three higher bids are based on products named in the specifications, Spiniello
Companies proposes to use Channeline™. This product is a glass fiber reinforced system that
meets the requirements of American Society for Testing and Materials (ASTM) 3262, Standard
Specification for "Fiberglass" (Glass-Fiber-Reinforced Thermosetting-Resin) Sewer Pipe as
required by the Contract Documents. Channeline™ is considered an equal to Ameron and
Hobas Pipe USA and fully meets the requirements of the specifications.
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

The Channeline™ system can be installed in an active sewer up to 50% full and is structurally
independent of the existing (or host) pipe. Channeline™ presents advantages over other GRPM
systems as it can accommodate bends and minor misalignments and is provided in sections
approximately 7 feet in length making it much easier to handle. The Ameron and Hobas
systems cannot accommodate bends and segments are typically provided in 20-30 foot lengths.
The primary disadvantage of this system is that it is manufactured in Dubai however it is
understood that Channeline™ can provide pipe to the work site within 6-8 weeks of order.
Therefore it is not anticipated that this will affect Spiniello Companies ability to complete the
project within the required schedule.
Low Bidder Experience and Ability to Perform:
Spiniello Companies appears fully qualified for this project. According to their bid submittal,
Spiniello Companies has been in business for 88 years. A list of rehabilitation projects
completed and ongoing from 2008 through mid-2010 was provided with their bid. This list
satisfies the requirements of the Contract Documents which included successful rehabilitation
of a minimum of 50,000 linear feet of 24-inch diameter or larger sewers and 6,000 linear feet of
experience sliplining of sewers 24-inch and larger. The project rehabilitation list includes
numerous brick, arch and large diameter (>42-inch) sanitary sewers.
Spiniello Companies is currently working on rehabilitation projects throughout the United
States including the northeast. Examples of similar projects (sliplining, non-circular, large
diameter, etc.) Spiniello has completed or under construction within the last 2 years in the
northeast include:

Project Location Project Name Project Description

Boston. MA MWRA's North Weymouth Rehabilitation of 2,050 LF of 60"x57"


Interceptor Rehabilitation Project sanitary sewer, cleaning. CCTV,
bypass pumping, CIPP liner
Installation and restoration

Trenton, NJ Route 3 Passaic River Crossing Sliplining rehabilitation of 920 LF of


Sewer Rehabilitation 108-inch arch shaped sanitary sewer

Newark, NJ Brick Sewer Rehabilitation Phase VI Rehabilitation of over 6,000 LF of


oval, circular. arch and egg-shaped
brick combined sanitary/storm sewer
ranging from 26"X29" to 84" by 100"

Richmond, VA Four Mile Creek Trunk Sewer Sliplining rehabilitation of 18,000 LF


Rehabilitation of 84" diameter trunk sewer

Spiniello has significant resources in terms of equipment and manpower, therefore providing
the required resources to execute the Thames Street Sanitary Sewer Interceptor Rehabilitation
does not appear to be an issue.
Spiniello's bank and surety references checked out with adequate bonding capacity and no
issues reported. Other references were obtained from consulting engineers. Responder's
indicated that Spiniello completed work on time with no change orders. Responder's were
generally satisfied with Spiniello's work and would be happy to work with them again in the
future (See Attachment A for Spiniello's Bank reference and phone conversation logs). Spiniello

3
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

also provided project references which demonstrate their extensive sewer rehabilitation work
experience of equal and greater complexity.
Recommendations
Based on the review discussed above, information provided with the bids, and references
provided to-date, CH2MHILL offers the following conclusions and recommendations for the
award of the Thames Street Interceptor Rehabilitation Project:
• Spiniello Company's bid for both the base project and the alternate item for an "accelerated
completion" appear to be responsive and the best value for the City.
• The Channeline™ product meets the technical requirements specified in the bid documents
and the City's objectives of implementing a long-term solution to rehabilitating the
interceptor.
• Spiniello's completed project work includes rehabilitation of 70,000 feet (13-miles) of water
and sewer pipelines. References for their work indicate that their projects are completed to
the satisfaction of the owner.

Based on the issues summarized in this memorandum (and backup attachments) CH2MHILL
recommends that the Thames Street Interceptor Rehabilitation Project be awarded to Spiniello
Companies as the lowest, responsible and responsive bidder.

Attachments:
Table 2: Bid Opening Submittal Checklist
Attachment A: Reference Checks for Spiniello Companies
Attachment B: Reference Checks for Boyer, Inc.

4
TABLE 2
BID OPENING SUBMITTAL CHECKLIST
CITY OF NEWPORT, RHODE ISLAND - THAMES STREET SANITARY INTERCEPTOR REHABILITATION
Contract: 11~11
Bid Date: September 24,2010

~ 0

'"
0
c ~'C
..~ " . ~ ~
~
...I 'C £!
,g 0
0
c

..
0 0
!
-.
00- oJ!
TOTAL BID (BASE a
0 ~ oE
0 !0
.,.
0
;~ ...11: o~
o~ ~~~ gGi~ 000
NAME OF BIDDER TOTAL AMOUNT OF ;:!:! ~a
~o
..,.=s g]~ :;- i
" .
0 -0 .5
PLUS o~ 0 0 o~
0 0 ~§ :1:0
BASE BID
ALTERNATES)
0
0:
"'''1
~!
~ .. CI~
~
~o
E!

".. .... ..
0
0
E-
,0
O~
0;

",.0
~i
0_
~ci
5g:a
.§~~
E~~

E~ ~
e:C,§
::1= E-

.
~ .. 0 0 ~o 0 E~-
iii W O 0 00 oz o •N·
0
0
~
a a "0 .= ~a:: ~ Jt ; ~~
" '"
0

II 0 •
~ 0
--0
'" 0

Spiniello Companies $4.399.984.00 $4,449,984.00 1 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

Boyer, Inc. $5,841,050.00 $6,148,551.00 2 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

RZoppo Corp $7,574,350.00 $8,174,350.00 3 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl

missing
Metra Industries $8,243,400.00 $8,643.400.00 4 IiSl IiSl IiSl IiSl IiSl IiSl IiSl IiSl
page 2
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

Attachment A:
Reference Checks for Spiniello Companies

5
09/29/2010 WED 15,43 FAX 1i!J001/00l

'I

I
• Santander
I

I
September 29, 2010

Via Facsimile: (215) 640-9311

CH2MHILL
Attn; Jen Fulton

Re: Spink//o Companies Balik Reference

DearJcn:

ht respome to your recent inquiry, we are pleased to inform you that the above referenced Cll8tomer
has maintained deposit acCOWlts with Sovereign Bank since November 2002, with an aggregate year-
to-date average balance in moderate six (6) figures.

We have exten4ed this customer a revolving line of credit of a moderate eight (8) figures with a high
seven (7) figures outstanding at this time. These accounts have been handled as agreed.

If we C!lIl be offurther assistance, please do not hesitate to contact me,

Sincerely,

MOL
Ronald Andersen
Senior Vice President
Commercial Banking Group
Randersl@Sovereignbankcom

RA:ps

830 Morris Turnpike, Short Hills, NJ 07078


(973) 232-8430 Facsimile (973) 379-4360
CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Robyn Rost


Wells Fargo
1200 MacArthur Blvd
Mahwah, NJ 07430
(973) 437-2300

Call From: Jen Fulton/CH2M HILL

Date: 9/27/2010

Time: 12:00 PM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Spiniello Companies

Project No.: 396208.DS.C1.08

Safeco/Wells Fargo· Surety

Questions and answers provided as part of the contractor reference check:

1) Q: What is Spiniello's current bonding capacity (are they capable of taking on this
project?)

A: $120 Million aggregate, $60-$70 Million single.

2) Q: Has there ever been an issue on a project where the Owner or Engineer
contacted the bonding company for any reason?

A: No
3) Q: Has either the payment or performance bond ever been pulled?

A: No

Notes: Robyn Rost has been handling Spiniello's account for over 15 years and there has
never been a problem with their account. Robyn reports that they are a great customer.
TELEPHONE CONVERSAnON RECORD

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Bill Judy


Greeley & Hansen
9020 Stony Point Parkway, Suite 475
Richmond, VA 23235
(804) 355-9993

Call From: Jen Fulton/CH2M HILL

Date: 9/27/201 0

Time: 1:15 PM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Spiniello Companies

Project No.: 396208.DS.C1.08

Greeley & Hanson - Four Mile Creek Trunk Sewer Rehabilitation

Questions and answers provided as part of the contractor reference check:

1) Q: Is the work complete (when)? If so, did Spiniello complete the work on time?
Were there any project delays?

A (G&H): Contract 1 is complete and was completed on time (one small extension
granted by the county which was justifiable). Contract 7 is ongoing, no delays so far.

A (Spiniello): Work is 25% complete. Schedule completion date is 5/22/2013.

2) Q: What type of work does the project involve?

A (G&H): Contract 1: sliplining 5,000 LF of 84" sewer. Contract 7: sliplining 25,000


LF of 84" sewer.

A (Spiniello): Rehabilitation of existing 84" diameter trunk by sliplining with 18,000 LF


of 72" and 78" FRP pipe in the wet 20' deep, two reinforced concrete junction
chambers and manholes, stream crossing, restoration.

3) Q: Were there any change orders? If so, were they the resuit of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?

A (G&H): No change orders.


Notes: Project Cost $14,762,000. Bill Judy/G&H indicated that G&H and the County were very
satisfied with Spiniello's work on Contract 1 and were happy that they were awarded Contract 7 (both
contracts were open bid).
*Answers from Spiniello are provided for information only, and were not part of the phone
conversation.
TElEPHONE CONVERSATION RECORD

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Peter Black


Dewberry Engineers
(973) 576-9677

Call From: Jen Fulton/CH2M HILL

Date: 9/27/201 0

Time: 2:25 PM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Spinielio Companies

Project No.: 396208.DS.C1.08

Dewberry Engineers - Route 3 Passaic River Crossing Sewer Rehabilitation

Questions and answers provided as part of the contractor reference check:

1) Q: Is the work complete (when)? If so, did Spinielio complete the work on time?
Were there any project delays?

A (Dewberry): The Work is complete.

A (Spin/ello): Work is 100% complete. Work was completed on3/1/2010.

2) Q: What type of work does the project involve?

A (Dewberry): Rehabilitation of an old lOB-inch arch shaped sewer. Peter described


this job as '1he most complicated ever... first of its type" and desoribed Spiniello as
"the besll"

A (Spiniello): Installation of 920 LF of 99" x 99" Non-circular Fiberglass Liner Pipe in


lOB-inch Arch-Shaped Sanitary Sewer, (2) Access Pits, Traffic Control and Surface
Restoration.

3) Q: Were there any ohange orders? If so, were they the result of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?

A (Dewberry): Not disoussed.

Notes: Project Cost $3,726,979. Peter mentioned that Spinielio had a "terrible" project
manager to start but he was replaced and everything went great from there on. Peter
mentioned that Spinlelio is widely known in the Midwest, but he also mentioned that they did
some work for MWRA 7-8 years ago.

*Answers from Spiniello are provided for information only, and were not part of the phone
conversation.
THAMES STREET SANITARY SEWER BID EVALUATION CH2MHILL

Attachment B:
Reference Checks for Boyer, Inc.

6
SEP/30/2010/THU 10:51 AM Allegiance Bank Tx FAX No. 2818943290 P, 002

* Allegiansep~
September 30, 2010

Jen Fulton
CH2MHILL
Tel: 617-626-7026
Fax; 215-640-9311

RE: Boyer, Ino Bank Referenoo

Account #1
Date Opened: 10/31/2007
QUarterly Average Balanoe: mid 6 fJgUres
Rating: Satisfaotory

Account #2
Date Opened: 11/20/2008
Quarterly Average Balanoe: low 6 figures
Rating: Satisfaotory

Aooount #3
Dll.te Opened: 8/17/2009
Quarterly Average Balance: low 5 figures
Rating: Satisfactory

Thank you,

Monioa Hogan
Loan Operatioli$
281-894-3223
TELEPHONE CONVERSATION RECORD

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Harry Kirk


ACT Pipe & Supply
6950 W. Sam Houston Pkwy N
Houston, TX 77041
(713) 937-0600

Call From: Jen Fulton/CH2M HILL

Date: 9/28/201 0

Time: 10:55 AM

SUbject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Boyer, Inc.

Project No.: 396208.DS.C1.08

ACT Pipe & Supply - Material Supplier

Questions and answers provided as part of the contractor reference check:

1) Q: How long have you been in business with Boyer?

A: ACT Pipe & Supply has been in business with Boyer for over 12 years.

2) Q: Are you currently supplying material to Boyer?

A: Yes.

3) Q: Is Boyer's account in good standing? Have there been any payment issues in the
past?

A: Boyer's account is in good standing, they are an excellent customer. No payment


issues in the past. Boyer's credit is in the low to mid 6 figures (net 30).
TELEPHONE CONVERSATION RECORD

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Doug Fisk


Mustang Tractor
12800 Northwest Freeway
Houston, TX 77041
(713) 460-2000

Call From: Jen Fulton/CH2M HILL

Date: 9/28/2010

Time: 11 :00 AM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Boyer, Inc.

Project No.: 396208.DS.C1.08

Mustang CA T - Material Supplier

Questions and answers provided as part of the contractor reference check:

1) Q: How long have you been in business with Boyer?

A: Mustang Tractor has been in business with Boyer, Inc. since at least 1986.

2) Q: Is Boyer's account In good standing? Have there been any payment issues in the
past?

A: Boyer's high credit runs at about 600k and they have an unlimited credit line with
Mustang Tractor. Boyer pays in terms. Boyer's history with Mustang Tractor is good,
Doug indicated that "they have a wonderful business relationship".
TElEPHONE CONVERSATION RECORD

CH2MHILL TELEPHONE CONVERSATION RECORD

Call To: Erwin Burden


City of Conroe
(936) 522-3885

Call From: Jen Fuiton/CH2M HILL

Date: 9/28/2010

Time: 11 :35 AM

Subject: City of Newport, RI - Thames Street Sanitary Sewer Interceptor Rehabilitation


Project, Contractor Reference Check for Boyer, Inc.

Project No.: 396208.DS.C1.08

City of Conroe

Questions and answers provided as part of the contractor reference check:

3) Q: Is the work complete (when)? If so, did Boyer complete the work on time? Were
there any project delays?

A (City): The work was completed about a month ago (ahead of schedule).

A (Boyer): Work was completed in 2010.

4) Q: What type of work does the project involve?

A (City): Rehab of an existing 30" sewer with 24" liner. Jacked 13,000 LF of Hobas
pipe and replaced Manholes. Boyer surveyed and recommended realignment in
some areas. Realignment ended up reducing overall cost (project came in $100k
under budget)

A (Boyer): Alligator Creek 30" Sanitary Sewer Rehab; approx. 13,300 LF of


damaged decayed 30" reinforced concrete pipe to be rehab by sliplining, pipe
bursting & CIP.

6) Q: Were there any change orders? If so, were they the result of Owner requested
changes or Contractor requested changes? What were the change order amount(s)
in comparison to the bid amount?

A (City): There were some change orders, but in the end they reduced the overall
cost by $100k.

Notes: Erwin Burden said that he "can't say enough good things about Boyer" and they are
"the best Contractor he has ever worked with". Project Cost $2,309,468.
'Answers from Boyer are provided for information only, and were not part of the phone
conversation.
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Bid # 11·011

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7
Communication # 4766/10
Docket Date: October 13, 2010

City of Newport
REQUEST FOR CITY COUNCIL ACTION
To: Mayor Jeauue-Marie Napolitano ~9Jhers of the City Council
From: Edward F. Lavallee, City Maualltw"
Date: October 1, 2010
Subject: Amendment #2 to Contract # 10-008 Engineering Services Thames Street and
Wellington Avenue Sanitary Sewer Improvements
Staff Presentation: Julia A. Forgue, Director of Utilities

RECOMMENDATION:
The Department of Utilities staff recononends the award of Amendment #2 to Contract # 10-008, Engineering Services,
Thames Street and Wellington Avenue to CH2M Hill, Boston, MA in the amount not to exceed $750,249.00. The award
is to provide engineering oversight, full time resident construction inspection services, verification of lateral connections,
preparation of as built records, and coordinate public involvement program for the Thames Street Sanitaty Sewer
Interceptor Rehabilitation Construction Contract #11-011. Funding for this project will he provided by the Clean Water
State Revolving Loan Funds (SRF). The SRF funding requires the construction project to have resident construction
inspection services.

BACKGROUND AND FINDINGS:


As part of the work associated with the City's development of the longterm control plan for CSO's, the sanitary sewer
interceptors in Thames Street and Wellington Avenue were identified as in need of improvements. CH2M Hill was
awarded a contract in September 2009 for engineering services associated with identifying and designing the necessary
rehabilitation for each sewer interceptor along with the development of plans and specifications for bidding and
construction for improvements to each sewer interceptor. The improvements to the Thames Street and Wellington
Avenne sewer interceptors are both projects included in the Corrective Action Plan (CAP) being finalized with EPA
regarding compliance with CSO control regulations. The construction plans and specifications for the Thames Street
sewer interceptor improvements were submitted to EPA and RIDEM on August 26, 2010 per the draft CAP. The draft
CAP requires the City to initiate construction of the Thames St. sewer interceptor improvements by December I, 2010
and complete construction by June 30, 2011.

Tasks in Amendment No.2 will consist of coordination of the general conditions of the contract with the contractor; full
time resident inspection services including a second resident inspector as needed to accommodate multiple crews for
the accelerated schedule; field inspection to support the identification of active sewer laterals to be reconnected; review
of all· payment requests from contractor; evaluation of all requests for information andlor change orders from the
contractor; review all performance testing ; final inspections and project closeout; coordinate a public involvement
program; and preparation of as-built drawings.

PREVIOUS LEGISLATIVE ACTION


Resolution 2009-124 dated September 23,2009 - Thames & Wellington Sanitary Sewer Interceptor Improvements
Resolution 2010-122 dated August 11,2010 - Amendment #1 - Construction Services for Wellington Ave. Sanitary
Sewer Interceptor Improvements Project #11-011

FISCAL IMPACT
l Currently Budgeted (Account 10-190-5000-50440 Activity 104315) _ Requires additional appropriation
_ No Fiscal Impact

SUPPORTING DOCUMENTS
Resolution
Amendment #2
Finance Dept Review: Date By: ~"""'L-_ (if applicable)
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
No ..

RESOLVED: that Amendment #2 to the Contract


and Agreement for Professional
Engineering Consulting Services
for the· Thames Street &
Wellington Avenue Sanitary Sewer
Interceptor Improvements Project
(#10-008) between the City of
Newport and CH2M HILL, is hereby
approved at a cost not to exceed
$750,249.00 and the Mayor is
authorized to execute said
Contract and Agreement on behalf
of the City, subject to favorable
review by the Solicitor.

IN COUNCIL

READ AND PASSED

Kathleen M. Silvia
City Clerk
AMENDMENT NO.2
TO THE AGREEMENT
BETWEEN
CITY OF NEWPORT
AND
CH2MHILL
FOR
ENGINEERING SERVICES FOR THAMES STREET AND WELLINGTON AVENUE
SANITARY SEWER INTERCEPTOR IMPROVEMENTS
PROJECT NO.1 0-008
In consideration of the mutnal promises herein contained, the parties hereto agree to amend
their Agreement # 10-008, dated October 14, 2009 as follows:

I. Contract Includes
Add the following additional scope of services to Exhibit "B", Scope of Services:
Construction Phase Services for Thames Street Interceptor Rehabilitation
CH2MHILL will provide construction phase services for the Thames Street Sanitary Sewer
Rehabilitation Project (Project No. 11-011) as defined as follows. The construction phase
services are intended to assist the City with administration of the contract for construction,
monitoring the performance of the construction Contractor, verify that the Contractor's
work is in substantial compliance with the contract documents, and assist the City in
responding to events that occur during the construction. The construction phase services
are based upon the understanding that engineer will provide full-time construction
observation (resident engineering) of the project, and the City will be actively involved in
the construction process to make decisions, provide approvals, and perform other actions
necessary for the completion of the construction. The overall budget provides half-time
office support by the Project Engineer to assist in answering general contract related
questions and coordination between the Design team, the Resident Engineer and the City of
Newport.
In additional to the standard construction phase services, CH2MHILL will provide a second
resident inspector as needed to accommodate an accelerated construction schedule. Should
the Contractor provide multiple crews or require work to be performed outside normal
working hours (nights or weekends), a second resident inspector will be provided to inspect
the ongoing work. CH2MHILL will also provide field inspection, mapping and office
support services to identify the active laterals that will be reconnected to the Thames Street
Interceptor as part of this project. It is assumed the field work associated with identifying
the active laterals will be conducted during the mobilization period.
Also in addition to the standard construction phase services, CH2MHILL will champion a
Public Involvement Program geared towards the City's businesses located along the project
area.
The services provided herein are outlined below on a task specific basis:
Task F.1 -Initial Coordination Requirements, General Requirements, Monthly Progress
Meetings, Project Management & Construction Administration
CH2M HILL will provide Contractor coordination including review of the initial
construction schedule, temporary facilities, traffic plan, flow control plan, shoring plan,
dewatering plan, construction videos, photographs and other general conditions
requirements.
CH2M HILL will attend monthly progress meetings at the site to review progress and
quality of work. During the site visits, CH2M HILL will observe the general quality of the
work at the time of the visit and review any specific items of work that are brought to the
attention of the design team members by the Contractor or the City. CHZM HILL will
prepare a standard meeting agenda and meeting minutes will be prepared following each
meeting. Review and updates to the construction schedule will be provided with progress
meeting minutes.
One monthly progress meeting has been budgeted for the duration of the project, for a total
of seven (7) progress meetings.
Task F.2 - Resident Inspection Services (Full-time Construction Observation) and Special
Inspections (Part-time Construction Observation)
The CH2M HILL Resident Engineer will provide full-time resident inspection during the
normal working hours stated in the Contract Documents for the duration of the construction
work. Daily on-site observations of the Contractor's work will be conducted for the purpose
of providing the City a greater degree of confidence that the completed construction work
conforms to the Contract Documents and that the integrity of the design concepts have been
implemented and preserved by the Contractor. Due to the nature of construction,
additional field and office support is included in this task to support work outside normal
working hours. The specific requirements for these services will be coordinated with the
Contractor and the City. It is expected that a limited amount of night and!or weekend work
activity will be necessary given the contractual time constraints imposed on the Contractor
as well as the complexity of construction with these types of liner systems. CH2MHILL
anticipates that the construction will require multiple crews for part of the construction
period. In addition, the spray on liner portion of the work will require a specialty crew
experienced in the application of this product. For these reasons, a second special
inspection resident engineer has been budgeted part of the project as noted below. The
Special Inspections Resident Engineer has been budgeted half time in the field for the
fabrication, construction and site restoration periods of the project.
The Resident Engineer will prepare written daily reports or other records of their
observations and will keep a log of materials and equipment delivered, incorporated into
the work, and! or stored on or off-site. The Resident Engineer will also witness testing, and
monitor material specification sheets and test results. The Resident Engineer will provide
monthly progress reports and summaries of work completed.
The Resident Engineer will serve as the liaison with the Contractor, generally
communicating through the Contractor's on-site superintendents and assisting the
Contractor in understanding the intent of the Contract Documents. The Resident Engineer
will also coordinate with the City when the Contractor's operations affect the City's on-site
operations, or when additional information is required from the City to facilitate execution
of the work. The Resident Engineer's observations shall not relieve the Contractor from
responsibility for performing the work in accordance with the Contract Documents, and
CH2M HILL shall not assume liability for the construction of the project. CH2M HILL shall,
with the assistance of the City, obtain written plans from the Contractor for quality control
of their work, and will monitor the Contractor's compliance with their plans.
Full time Resident Engineering service has been budgeted assuming full time inspection for
150 on-site working days by the Contractor during the Mobilization, Fabrication,
Construction and Site Restoration Phases for work being performed during normal working
hours allowed by contract (M-F, 7AM to 5PM). A total of 150 on-site working days have
been budgeted. It is assumed that no work will take place on the following Holidays:
11/25/2010; 11/26/2010; 12/24/2010; and 12/31/2011.
Half time Special Inspections Resident Engineering service has been budgeted assuming
half time inspection for 131 on-site working days by the Contractor during the Fabrication,
Construction and Site Restoration Phases for work being performed outside of normal
working hours (M-F, 7AM to 5PM). This item covers night-time work being performed after
normal working hours and work performed on weekends. A total of 131 on-site working
days have been budgeted at half time. It is assumed that no work will take place on the
following Holidays: 12/24/2010; and 12/31/2011.
In addition to the Resident Engineering services, this task also includes the field and
mapping support services associated with identifying the active service laterals that will be
reconnected to the Thames Street Interceptor by the Contractor as part of the project.
CH2MHILL has assumed the Special Resident Inspector will be full-time on-site during the
mobilization phase of the project. A total of 19 on-site field days have been budgeted. A
total of 40 hours of mapping services has been budgeted.
Task F.3 - Review Contractor's Payment Requests
Review the Contractor's payment requests with the Resident Engineer to ensure the
Contractor's requested quantities align with the field records for work completed in
accordance with the Contract Documents and are ready for payment. CH2M HILL will
coordinate and resolve any changes required, and will provide the City with the approved
payment requisitions. Included in this scope of work is review and approval of seven (7)
payment (one for mobilization, one for fabrication, four during construction and one during
site restoration) requests by the Contractor. Based on our experience with unit price line
item payment requisitions, two iterations are typical before the Contractor's payment
request is recommended for payment.
A more detailed breakdown of the hours is as follows:
• 4 hours to compare, communicate and resolve Contractor's discrepancies in installed
quantities for each review (assumed 2 iterations/payment requisition to reach
agreement on the installed values; 56 hours total)
• 4 hours to perform final QC check and formally recommend payment to the City for
each payment requisition (28 hours total).
• 4 hour administrative support for each final payment requisition (photocopying, filing,
etc.; 28 hours total)
Task F.4 - Evaluate Requests for Information and Change Orders
The hours associated with RFIs (Requests for Information), RFPs (Requests for Proposals)
and CaRs (Change Order Requests) are to handle issues that inevitably come up during
construction. CH2MHILL will respond to RFIs issued by the Contractor.
CH2M HILL will review the Contractor's requests for information (RFIs) or clarification of
the contract for construction. CH2M HILL will coordinate such review with the design team
and with the City as appropriate, and will coordinate and issue responses to the requests.
As the Owner's representative on the project, CH2M HILL will issue RFPs to the Contractor
to obtain pricing for compensation to address new work requested by the Owner or
changed conditions in the field, such as relocation of utilities (utility interference) that are
currently unknown that would be applied to the Contractor's allowance for this item).
Based on current information, we are aware of seven utility interferences that will need to
be addressed by the contractor. CH2MHILL assumes that an RFP will need to be issued to
address each of these utility interferences.
CH2M HILL will assist the City in reviewing and responding to the Contractor's change
order requests (CaRs). CH2M HILL will coordinate such review with the design team and
with the City as appropriate, and will coordinate and issue responses to the requests. An
example of an instance where the Contractor may be due a change order could include
repair/replacement of side street pipe if the connecting sewer is found to be in poor
condition. Issues like these would be addressed by Change Order Request from the
Contractor. CH2MHILL will evaluate, issue and process the Contractor's request for a
change order.
CH2MHILL will also maintain a log of all RFIs, RFPs and CaRs on a monthly basis. The log
will be kept to track the Contractor's requests and ensure that all requests are responded to
in accordance with the provisions outlined in the Contract Documents. Based on our
experience, a total of 15 RFIs, 7 RFPs and 5 CaRs are assumed under this task.
A more detailed breakdown of the hours is as follows:
• 6 hours per RFI (90 hrs total)
• 6 hours per RFP (42 hrs total)
• 8 hours per COR (40 hrs total)
• 20 hours total of support to log and track RFIs, RFPs and CaRs, photocopy, distribute,
etc. for the duration of the construction period
• 6 hours to prepare final balancing change order to the contract.
Task F.5 -Inspection and Testing
The contract documents require the contractor to meet specific field and performance tests
as part of the contract requirements. The CH2M HILL Construction team will in
coordination with the Contractor and product manufacturer, develop an acceptable testing
plan for the rehabilitated Thames Street Interceptor to ensure the field testing results
conform to the contract document requirements. It is assumed that the Resident Engineer
will witness these tests while performing the full time inspections scope of work (Task F.2),
so no additional on-site field time has been added for this service.
The laboratory results for the field tests will be reviewed by the CH2M HILL Construction
team for compliance with the contract requirements, which will ensure work quality is
being met. It is assumed the Resident Engineer will complete their review of the test results
while performing the full time inspections scope of work (Task F.2), so no additional
Resident Engineering time has been added for this service.
The liner material will playa key role in the project's success and longevity of the
interceptor. As such, one trip by the project manager and the senior project engineer to
inspect the liner after delivery to the project site and before installation has been included in
this scope of services.
This task includes engineering support for the inspection, testing and reconnection of active
service laterals to the Thames Street interceptor. CH2MHILL will provide office assistance
to the Contractor in determining which service laterals are to be reconnected as part of the
project as well as be onsite while the Contractor performs the investigative work.
CH2MHILL will maintain field notes of the investigative work and will coordinate review
of records provided by the Contractor and the City. CH2MHILL has included office
support for this task. Field and mapping support for service lateral investigations is
included in task F.2.
Supervision and review of sampling and testing specific to contaminated soils and/or
groundwater are not included in this task.
Task F.6· Final Inspections
CH2M HILL will assist the City with inspections at substantial and final completion, in
accordance with the contract for construction. Based on the substantial completion
inspection, CH2M HILL will prepare a punch list of items requiring completion or
correction before final completion can be achieved by the Contractor. Upon notification of
the Contractor, CH2M HILL will conduct a final inspection and verify the Contractor has
completed the punch list. CH2M HILL will make a recommendation to the City regarding
acceptance of the work based upon the results of the final inspection.
One substantial completion inspection and one final completion inspection by the
CH2M HILL Construction team is assumed as part of this service. CH2M HILL will rely on
the Resident Engineer to make an initial determination of whether the project is
substantially complete as defined in the contract documents. The Substantial Completion
Inspection will be conducted when the Contractor believes the project has reached the
Substantial Completion milestone and the post-installation CCTV records have been
submitted and reviewed. Once the Owner's representatives agree that the project is
substantially complete, CH2MHILL will issue the Certificate of Substantial Completion to
the Contractor. The Project Engineer and Resident Engineer will then prepare the punchlist
and review it with the Contractor, Owner and office engineering staff as necessary. The
punchlist must be completed by the Contractor prior to issuing Final Completion (and
payment). The punchlist will be verified by the office engineer and Resident Engineer prior
to the Final Inspection and project sign-off. The hours assume there will be two substantial
completion inspections prior to issuance of Substantial Completion and one punchlist
verification inspection prior to the Final Completion Inspection.
A more detailed breakdown of the hours is as follows:
• 8 hours for review of CCTV and related records for the installed products
• 2 Substantial Completion Inspections by the Engineer's project office team (24 hours
total) and Resident Engineer (time covered under task F.2)
• 12 hours for coordination with the Contractor and Owner and issuance of a Certificate of
Substantial Completion
• 16 hours for creation and issuing the punchlists to the Contractor
• 1 verification/inspections of punchlist items completed by the Contractor; issuing
updated punchlists (20 hours total).
• 16 hours for Final Inspection by the Engineer's project office team and Resident Engineer
(time covered under task F.2).
Task F.7· Project Closeout
CH2M HILL will review required deliverables, contract requirements, and statutory
requirements to determine that requirements of the contract have been met. CH2M HILL
will prepare a memorandum of completion documenting that the work is complete and
acceptable, including review required deliverables, review of final contract and statutory
requirements, preparation and delivery of Project Files to the City and demobilization of the
Project Field Office. The Final Report will be prepared by the Project Manager and the
Project Engineer and submitted to the Owner following the accepted completion of all work
by the Contractor. The Project Manager, Resident Engineer, Quality Control Manager and
Project Engineer will review all project documents to assure that all aspects of the contract
have been satisfactorily met by the Contractor. Once completed, CH2M HILL will copy and
deliver appropriate project files to the City for their permanent records.
The Resident Engineer will demobilize the Project Field Office, delivering required project
files to the main office for storage and disposing of non required files and equipment.
A more detailed breakdown of the hours is as follows:
• 60 hours for the Engineer's project team to review final documents prior to final
acceptance by the Owner.
• 16 hours to prepare the final completion project report.
• 16 hours to prepare final project files for the Owner.
• 0 hours for the demobilization of the Project Field Office by the Resident Engineer (time
covered under task F.2).
Task F.8 - Prepare Record Drawings
CH2M HILL will revise the original design drawings to reflect available record information
provided by the Contractor and equipment suppliers. One reproducible set and three half-
size hard copies will be submitted to the City along with a CD with electronic files. It is
assumed the Contractor will maintain record information as the construction progresses and
submit the final record documents as required by the contract documents.
CH2MHILL has included time to adjust the City's GIS database to reflect the record
drawing information developed under this task, including connections to the interceptor.
Task F.9 - Public Involvement Program
CH2M HILL will prepare for and attend one Public Involvement Meeting prior to the
initiation of construction activities. CH2M HILL will prepare draft and final presentation to
be reviewed by the City and the contractor as well as prepare a meeting agenda and Press
Release to be distributed prior to the meeting. CH2M HILL will prepare meeting minutes
following the meeting.
CH2M HILL will prepare weekly web-site updates in coordination with the contractor to
notify the public of the week's construction activities and locations.
CH2M HILL will prepare for and meet with the Lower Thames Street Business Association
once a week for the duration of construction (30 weeks). Weekly participation in these
meetings will be limited to the Public Involvement Specialist and the Resident Engineer. It
is assumed that a representative from CH2MHILL's Project Management team will
participate in one meeting per month. The Public Involvement Specialist will coordinate
other on-site activities wherever possible. The Resident Engineer's participation in these
meetings (32 hours) will occur during normal business hours, and therefore, 32 hours has
been deducted from the Resident Engineer's time in task F.2.
Prior to the opening of insertion pits, CH2M HILL will prepare and deliver door hangers for
businesses and residents within 2 blocks of the insertion pit location. This scope of work
estimates that there will be 50 door hangers per insertion pit over 5 insertion pits for a total
of 250 door hangers. The public involvement specialist as well as the resident engineer will
also visit each business within 2 blocks of the insertion pit to answer any questions about
the construction activities. It is assumed that the Resident Engineer's time associated with
this activity will be performed after normal business hours or on weekends and therefore,
the Resident Engineer's time is in addition to the time associated with task F.2.
Prior to the initiation of manhole restoration, which may require some side street closures,
CH2M HILL will prepare and deliver door hangers to potentially impacted residents and
businesses. This may include properties on Thames St. as well as impacted side streets. This
scope of work estimates 50 door hangers per side street closure and 18 anticipated side
street closures for a total of 900 door hangers.
A more detailed breakdown of the hours is as follows:
• 80 hours for preparation for the public involvement meeting, including one pre-meeting
with the Director of Utilities
• 32 hours for attendance and participation at the public involvement meeting by the
Project Manager, Deputy Project Manager, Public Involvement Specialist and Resident
Engineer
• 16 hours to prepare and distribute meeting minutes
• 4 hours per week for 32 weeks to coordinate with current construction activities and
prepare weekly website updates on behalf of the City (128 hours total).
• 20 hours to prepare insertion pit door hangers
• 20 hours to prepare manhole rehabilitation door hangers
• 40 hours each for the Public Involvement Specialist and Resident Engineer to meet with
residents and businesses within 2 blocks of insertion pit locations (80 hours total)
• 4 hours per week for 32 weeks for the public involvement specialist to prepare for and
attend a weekly meeting with the Lower Thames Street Business Association (128 hours
total).
• 8 hours per month for 8 months for the project management team to attend the meeting
with the Lower Thames Street Business Association (64 hours total).
• 1 hour per week for 32 weeks for the resident engineer to attend a weekly meeting with
the Lower Thames Street Business Association (32 hours total)
Task F.10 - Health and Safety Plan
Due to the nature of the work being performed, CH2MHILL resident engineering staff will
be required to inspect work being performed inside the pipe, an area that requires special
consideration and planning to perform the inspection in a safe manner. CH2M HILL will
prepare a detailed Health & Safety plan for our staff to follow in order to safely inspect the
work being performed by the Contractor and protect the City's interests in a long
performing product.
Contingency
A construction phase engineering services contingency of five percent (5%) of the budget
has been included in this proposal. This contingency would be used at the City's request for
additional engineering services should the need arise during this phase of the project. The
contingency could be used for soil and/ or groundwater testing, preparation of a soils
management plan or to accommodate a future project need that has not been included in
this scope of services.

II. Rate of Progress and Time of Completion


The project schedule (Exhibit"C") shall be revised to include the construction services project
schedule as follows:
The construction phase services described in this proposal is based on the following
schedule. Significant deviations from this schedule may affect the scope of services and
compensation.
Task Start Date End Date
Mobilization 10/29/2010 11/24/2010
Limited Pre-
construction 11/25/2010 1/3/2011
Fabrication 11/25/2010 1/26/2011
Construction 1/3/2011 4/29/2011
Substantial
Completion 4/29/2011 4/29/2011
Site Restoration &
Clean-up 5/2/2011 5/31/2011
Final Completion 5/31/2011 5/31/2011
EPA Compliance
Date 6/30/2011 6/30/2011
Exhibit "C", Proposed Project Schedule shall be updated to include the detailed construction
project schedule attached to this Amendment.

III. Term of Agreement


The termination date for this contract shall be extended from "June 30, 2011" to "July 31, 2011".

CH2MHlLL proposes to provide the additional construction phase services on a lump sum
basis as outlined below.

Task Fee
Task F.l-Initial Coordination Requirements, General Requirements, Monthly $150,579
Progress Meetings, Project Management & Construction Administration
Task F.2 - Resident Inspection Services (Full-time Construction Observation) and $331,870
Special Inspections (Part-time Construction Observation)
Task F.3 - Review Contractor's Payment Requests $16,605
Task FA - Evaluate Requests for Information and Change Orders $38,764
Task F.5 -Inspection and Testing $42,824
Task F.6 - Final Inspections $18,172
Task F.7 - Project Closeout $10,065
Task F.8 - Prepare Record Drawings $25,685
Task F.9 - Public Involvement Program $64,999
Task F.lD - Health and Safety Plan $14,960
Subtotal: $714,5Z3

Contingency (5%) $35,726

Total: $750,Z49

Table 1 (attached to this Amendment) provides task specific level of effort and its budget.
Monthly invoices will be according to a schedule of values and the percentage of work
completed for each pay item. Exhibit D, Fee Schedule shall be amended to include Table 1.

The lump sum fee shall be increased from a not to exceed lump sum fee of $687,051.00" to "
$1,437,300.00" .
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 this
_dayof ,2010.

The following attachments are hereby made part of this amendment:


Exhibit C, Project Schedule
Exhibit D, Fee Schedule, Table 1

CITY OF NEWPORT CH2MHILL

By:. _

Printed Name: Jeanne--Marie Napolitano Printed Name: Iohn Rendall. P.E.

Tide: Mayor Tide: Vice President

Date: _ Date: September 29. 2010

Approved as to Form
By: _

Printed Name: Ioseph I. Nicholson Ir.

Tide: City Solicitor

Date: _

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Scope of Services for Construction Phase
Thames Street Sanitary Sewer Rehabilitation Project
City of Newport, Rhode Island
Project No. 11·011
Fee Estimate Analysis
9/30/2010

I. Standard Construction Phase Services


Task Description Hours Amount
F.1 Initial Coordination Requirements, General Requirements, Monthly Progress 978 $150,579
Meetings, Project Management & Construction Administration
F.2 Resident Inspection Services (Full-time Construction Observation) 1,599 $204,435
F.3 Review Contractor's Payment Requests 105 $16,605
FA Evaluate Requests for Information and Change Orders 198 $38,764
F.5 Inspection and Testing 186 $34,904
F.6 Final Inspections 96 $18,172
F.7 Project Closeout 92 $10,065
F.8 Prepare Record Drawings 184 $25,685
F.10 Health & Safety Plan 84 $14,960
Subtotal Standard Construction Phase Services 3,522 $514,169
% of Construction Bid Price (Low) 11.7%
% of Construction Bid Price (High) 6.2%

II. Special Construction Phase Services


Special Inspection (Night and weekend Inspections)
Task Description Hours Amount
F.2 Special Inspections (Part-time Construction Observation) 655 $93,665

Lateral Inspection & Coordination


Task Description Hours Amount
F.2 Field Work and Mapping 230 $33,770
F.5 Office Support for Lateral Connections 40 $7,920

Public Involvement
Task Description Hours Amount
F.9 Public Involvement Program 408 $64,999
Subtotal Special Construction Phase Services 1,333 $200,354
Contingency $35,726
Total Thames Street Construction Phase Services 4,855 $750,249
Exhibit C - Proposed Project Schedule
lD fTask Name I Start Duration Finish 12010 2011
II i ,-41b_Q~'!J!~t.st.guart" 2ncLq!!.'!J!j-"LcI. .Q~~~.4tb_Q~'!J!~ lst._Q!J.'!J!. .?D!LQu.~ 3rd Q!J,I
------~ -ue 10/13/09f--;447.9~d-;a-ys-+'-T=h;-u-;:61;;;3;;-0/;;l:;11~t-Jo:,:.yan: el~afre-pJ aJun,Jul Au ,: e petJ'Jo ll:.-:Jan' e~, r'~ulAu
:Thames Street Interceptor Rehabilitiation Project
, I
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,
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2 A. Pre-design Tue 10/13/09: 48 days, Thu 12/17/09I'IF=4I': :


, ,
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f----si- -il:Oesig-n Deveiopment -Fri-l:ii18/09!107daysr"Mon-sii7/10 ... ~_' n .• ' "

14 C. Construction Document Preparation Tue 5/18/10: 75 daysr-Mon8/30/10. '!l' . m ••• __ ' "

____.. __---' L,, --I


20 EPA Compliance Date Tue 8/31/10: 1day: Tue 8/31/10: ~8131
i : I
I i _m • . ' - - - - -, • , _ _• L ---.J
~ ... , ~
21 1 D. Bid Phase : Mon 8130/10i 44 daysj Thu 101281101
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1 1 u -f , , --l
26 II EPA Compliance Date Fri 12131/10, 1day:. Fri 12131/10:I <> 12/31
: :
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27,
-- -~

D.Construction
- ..-.-,-.,-._.,... ,.. -.''''--- .~------ ---.. ----.--.-------.-.. -.-,
Fril0/29/10'176days!
--.,,--~-._'-,'--.-------,

Thu6/30/111 ';1"":' ,..... ==ci'


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,
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28 1 1. Mobilization Fri 10/29/10' 19 days! Wed 11124/101 o.


,
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-------1
1--c29i -. -···-2:.-Cimiied 'Pre:«i';struCtion - ". J._ . _,,_,__."'_,_.. _........._._.._....._.. _~ . _._.__,_ _.
Thu 11/25/10 28 days:
L_.. __
Man 1131111
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30 r- 3. Fabrication Thu 11125110 -'4s'(ji;if-weij-1126r11 n" ,,' _ I

31
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4. Construction Mon 1/3/11 85 days'! Fri 4/29111

1-32--, 1

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5. Substaintial Completion
, Fri 4129111
1daYI Fri4129/i il
f---;;,,---t------------------- . -~------.-...- , ,-- ----"- .,,------,
33, EPA Compliance Date : Thu 6130111 1day: Thu 6/30111:,
,
..:.---------1
34, 6. Site RestorationlCieanup Mon 5/2111 22 daysI Tue 5/31/111 c--,,:
I
:, iI
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--7 , FJi1alCompletion Tue 5/31/11 i ~5J31
35 I Tue 5131/11 1 day!. ,
1
I :

Project: Thames Construction Schedule


Task

Spl~
r
Milestone

Summary

U S
External Tasks
External Milestone ~
tKC7m...- T7i

Date: Fri 8127/10


Progress Project Summary ~ ~ Deadline v
Page 1
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
No...~.Q.QJt.~ U, ~

RESOLVED: that the Contract and Agreement


for Professional Engineering
Consulting Services for the
Thames Street & Wellington Avenue
sanitary Sewer Interceptor
Improvements Project (#10-008)
between· the City of Newport and
CH2M HILL, is hereby accepted at
a cost of $394,164 and the Mayor
is authorized to execute said
Contract and Agreement on behalf
of the City, subject to favorable
review by the Solicitor.

IN COUNCIL

READ AND PASSED


September 23, 2009
THE CITY OF NEWPORT

RESOLUTION
OF THE

COUNCIL
2010-122
No .

RESOLVED: that Amendment ~1 to the Contract


and Agreement for Professional
Engineering Consulting services
for the Thames Street &
Wellington Avenue Sanitary Sewer
Interceptor Improvements Project
(~10-008) between the City of
Newport and CH2M HILL, is hereby
approved at a cost not to exceed
$292,887.00 and the term of the
Contract and Agreement is
extended to June 30, 2011, and
the Mayor is authori:.:ed to sign
said Contract and Agreement on
behalf of the City, subject to
favorable review by the
Solicitor.

IN COUNCIL

READ AND PASSED


August 11, 2010
(ol/2!::JI/u
. PlFbzfJSul
CITY OF NEWPORT SEP 2 [/ d':J 16
Board of Licensing Commissioners
APPLICATION FOR TRANSFER OF ALCOHOLIC BEVERAGE LICENSEl:
DATE q77~L?d'za

Check Here That Applicant(s) has/have presented himselflherself at the B.C.!. Section of the
Newport Police Department for fmgerprinting and a routine check has been completed. _ _

CLASS A _----CBL X BT BV _ _C D _----CE _ _.J


TYPE OF TRANSFER X OWNERSHIP LOCATION _ _~,STOCK
_ _ _OTHER, Explain, ---.,,---_ _
NAME OF TRANSFEROR A¥wfWl r ft?~ytJ ~PS'£' P5#-;' -?/.,L/<1M) ;04/c
D/B/A -I-?'"t'f) ,. t TEL. # Y'.?/~ ytfZ- ffff
BUSINESS ADDRESS b ~ PEPA-'//'I;Y tP4/Z./c! ~.....p/c:/2,'r ,{J:;!:- c;::J)."?'!feJ

Transferor hereby petitions the Licensing Board to transfer the said license to:
NAME OF TRANSFEREE. ..:r-<>t-/f TvlifiJ bu 1> 't<. U-e-
D/B/A ~fiy'tr-*~Y0 be.- 'i.E $511-/ " /If t94#fTEL. # 1/0/- f?t(7-g'1ff5"
NEW LOCATION, if applicable,_-""S:.....</t'14t'-'--=-·,:c? _
If Change of Stockholders, List OLD & NEW Stockholders: (attach separate sheet if necessary)

RINTNAME
t,·/ / / If 'b
S OF LICENSING 0 OR NO ARY PUBLIC DATE OR AT OMMISSION EXPIRES IF NOTARY
.7,.,....TzJ,.e~ #U/5& t-t....-e- ,
fl-f7/r- ~/~ 1bQ", ~vY~ 5?-5~k#l''__'_--'T;_"'/.'__If-_'__,v_L_!f'_=_'c/....:../I--'--__/_y'-'~''-'--?---
TRANSFER E SIGNATURE
-»''''.~'' ••--''''--,.
PR T NAME I

l / .~,.-'-::..... , ! /..' ~w...?!:If:JJJCdJjU~ 'J, w 0


WITNESS OF IC DATEORDA ECO' MISSION EXPIRES IF NOTARY

~~--~~--~--~--~------~--~-Office Use Only ~---~~--~-~-~-


FEEPAID_s50'O' DATE PAID f/';"~/I (j
r '
License Issued by: Date Issued: _
ACTION OF COUNCIL. _ ACTION DATE, _

App03LiqllO\:rrnnsfe r
Page 1 of2

OWNERSHIP:

D/B/A
Premises:
t-
""St""at",e-=--,,,In,,,co'''-!!',"",,~L...!,-,,-,,,,==,-,,,",,",-,,,,_='''-U',,,,,,",,,u-.LL=!.=t.,,"-B usiness Telephone No: i'r 7-8'"fffFr
I # 0 f All Off!leers CfLLC
~ arne, Add ress an d T e.
N .1 L 1St M anager un der PreSl.d ent an d Clange
I . 1e to "M anager ")
tlt

TITLE NAME HOME ADDRESS TELEPHONE


·fl.f;f;.S~t h)o/-"v '/N/l-V/V<
f
&- r; ,c-d! t//1'-// f
f
'7 PJ1/7JC If..-kAif,j 1 /
Vice-Pres. £l.-Z:- dl.4-V/ >?tf7~?J1fp
Secretary

Treasurer

Name of Each Director/Board Member Address

..
Mallmg Address: Choose a) Busmess Address. or b) Owner Address, or c) Other. If Other Please speCIfy below:

<//?>7P
..............~~_ _ , -

If Corporation, Classes of Stock: Amount of This Class Authorized: Amount of This Class Issued:

. Name Reoisierec! SiockOViners'OR LLCMember!; w7%jrtterest'Class(e!;) of StOCk ..._. "AihountofStbck ORLLC %

- - - - - - - - - - - - - - - - - - - - - - - - - - - - -DO NOT WRITE BELOW TillS LINE - - - - - - - - - - - - - - - - - - - - - - - - --


Filing Fee: ~ DatePaid:1 I License Fee: I IDatePaid: 1 _
Approved by Council Disapproved by Council _
Issued By Date _
Liquor Application by CorporatJOo Class (cClass_of_Licenselj # «Number_of_License)) Entity' l<AppJic8rionTypej}
L;:,'·f 11.'"i1iled \I~I'\;:"'(}] j .."':; .",i,·j
Page 2 of2 STATE OF RHODE ISLAND Newport '
D/B/A:
• For e ch yes and no question, please write in YES if yes or NO if no.
• Where necessary, use additional pages for explanations.
Is any of the above stock pledged? IH I- If yes, provide details:.

I
Is application on behalf of undisclosed principal or party in interest?1 /Lu I. If yes, give details:
I
Does Applic.ant Own Premises?1 M !oProperty Mortgaged1 I- Property Leasl ye51 -
If Mortgaged or Leased: Amount of Extent: I
Name and Address of Mortgagee or Lessee: t2Iit:~1~±~~~;;~i~~i~¢~~.i'B~m~~J~~=.£~~A~¥!~·[~t-~"~??~~=========Jl
Have any of the applicants ever been arrested or convicted of a crime? ILf) I. If yes, explain: •
I l
Is any other business to be carried on in Licensed Premises? 11'-& 1 111 If yes, explain: •

, I
Is any Officer, Board Member, Stockholder engaged in any manner as a Law Enforcement Officer? l;z..v I- If yes, explain: •

I 1
Do any of the applicants have any mieres!, drrect or mdlrect, as prmclple Or assocIate, or III any manner whatsoever, any retail
I M I-
In
license issued under Ch. 3-7 ofR.I.G.L., 1956, as amended? If yes, explain: •

I I
Is Applicant the owner or operator of any other business? IL{) - If yes, explain (use separate page if necessary.) •

I l

I hereby certify t the above statements are true to the best of my knowledge and belief:

..- ..• .-.

Date of Signature

~=-------- I I 1)1(;//0
DXe of Witness
.. Ihsrrut!ibIlSfbr Applit;iiilS .. - - -. ... ' .
I. Every question on Application FOlm must be answered. Any false statement made by the Applicant will be sufficient grounds for
the denial of the application or the revocation of the license in case one has been granted.
2. Corporations having 25 or more stockholders need not file a list of the names and addresses of Stockholders (Question #8).
3. Attention is called to the requirements of the 1963 amendment of Section 3-5-10 of the General Laws.
a. All newly elected officers or directors must be reported to the Board of License Commissioners within 30 days.
b. Any acquisition by any person of more than ten percent (lO%) of any class of corporate stock must be reported within 30 days.
c. Any transfer of fifty percent (50%) or more of any class of corporate stock can be made only by written application to the
licensing board subject to the procedures for a transfer of a license.
COpy SHALL BE FORWARDED TO LIQUOR CONTROL ADMINISTRATION BY CITY CLERK
NEW APPLICANTS: ------------ A roval from Police - - B.C.!. Section for fmge rinting and a routine check was made.
"NOTE: For new, transfer, expansion, or renewal the owner(s) must sign. In a corporation, the officers should sign; in an LLC, the "designated
manager" and members are to sign. We are no longer to accept the signature of a manager or attorney on behalf of the owner.

Liquor Application by Corporation Class ((Class_oCLicense») # «Number_of~License» Entity: «ApplicationType»


l.::;sl nrinted u9l())f{)2 II :3::; ,<\~'1

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